B. The State 20. The State has not controverted the facts alleged by the petitioner, and has devoted most of its responses to the Commission to explaining the judicial proceedings related to this case. Regarding the proceedings pursued against Mr. Jorge Rosadío Villavicencio, the State indicates that “in both judicial proceedings, military and regular, uniform resolutions have been handed down regarding his legal situation, finding him criminally liable for the unlawful acts investigated.” It also states that “administrative liability is determined without prejudice to criminal or civil liability.” 21. The State further notes that the crimes for which Rosadío Villavicencio was tried and convicted are illicit drug trafficking and crimes against the discipline of the armed institutions, in the modality of disobedience, which must be investigated and resolved in keeping with the procedures established in the domestic legal order, which determines the jurisdiction for each of those punishable forms of conduct, the regular courts (for the crime of illicit drug trafficking) and the military courts (for the crime of disobedience). Accordingly, he was not subjected to double jeopardy. 22. With respect to the administrative actions, the State indicates that “by Resolution of the General Army Command Nº 0527 CP/EPICP-JAPE, of March 3, 1999, it was resolved to retire Mr. Rosadío Villavicencio as a disciplinary measure, on February 24, 1995.” It adds that said resolution “was not challenged in the contentiousadministrative jurisdiction, consequently it was consented to.” In addition, the rules that “contain the duties and rights of public servants also indicate that public servants are responsible civilly, criminally, and administratively for compliance with the statutory and administrative provisions in the performance of public service, without prejudice to disciplinary sanctions for breaches committed (Article 25 of Legislative Decree Nº 276), and that public servants shall be administratively sanctioned for the breach of statutory and administrative provisions in the performance of their functions, without prejudice to the civil and/or criminal liabilities they may incur (Article 153 of Supreme Decree Nº 005-90-PCM).” 23. As regards the proceedings in the military jurisdiction, the State argues that case Nº 1594-0648 was opened against Mr. Rosadío Villavicencio and others, and that he was convicted and sentenced by the Consejo de Guerra Permanente of the Sixth Judicial Zone of the Army, on November 29, 1996, to 16 months in prison for the crime of 6

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