victim indicated that “since his legal counsel was in the city of Lima, he would not answer any questions.” Therefore, the session was concluded.74 69. On July 27, 1995, the alleged victim gave his discovery statement, exhorted by the Permanent Military Judge of Tarapoto, before the Criminal Judge of Mariscal de Caceres.75 70. On August 9, 1995, the Permanent Military Judge of Tarapoto decided to issue a definitive detention order against the alleged victim, considering that “the accused recognized that he received money from drug traffickers and distributed it among the codefendants” and that he was serving the detention imposed in the ordinary jurisdiction, where he was processed for the crime of illicit drug trafficking.76 71. On October 14, 1995, the Military Judge77 submitted the final report to the President of the Permanent War Council of the Fifth Judicial Military Region, indicating that “this Court considers that Intelligence Lieutenant (R) Jorge Rosadio Villavicencio is responsible for the offense against the duty and dignity of the service, with the aggravating circumstances of falsehood, negligence and abuse of authority to the detriment of those under his command […].” 78 F 72. On October 17, 1995, the Military Prosecutor’s Office issued an accusation against the alleged victim for the offense against the duty and dignity of the service, abuse of authority and negligence, contemplated in Articles 200(2), 180(8) and 238 of the Military Code of Justice.79 There are no records that this accusation was notified to the alleged victim. 73. On December 4, 1995, the President of the Permanent War Council appointed a defense counsel for the alleged victim,80 who presented his pleadings in the brief of December 18, 1995, requesting the acquittal of the alleged victim.81 Cf. Discovery statement of Jorge Rosadio Villavicencio before the Permanent Military Judge of June 20, 1995 (evidence file, folio 90). 75 Cf. Discovery statement of Jorge Enrique Rosadio Villavicencio before the Criminal Judge of July 27, 1995 (evidence file, folios 92 to 95). He indicated that he was assigned to perform a special intelligence mission at the Countersubversive base of Sión, which consisted of “infiltrating and presenting himself as a corrupt officer before the drug traffickers in order to earn their trust.” He also indicated that during his time working at Sión, he authorized three drugtrafficking flights, and the money received from those operations he distributed as follows: “the deponent, two thousand dollars; Technician [DG], one thousand five hundred dollars; Sub Officer [RA] one thousand dollars; Sargent [JJ], one hundred and ten dollars; Sargent, [PG], one hundred and ten dollars, and forty dollars to each member of the troop, approximately fifty-four; the drug trafficker known as ‘Cincuenta’, one thousand dollars.” Furthermore, he observed the type of arms held by the drug traffickers, the number of personnel and the time that it took to load the drugs. He also added that the orders were given by Colonel [M] verbally, “since there was no written operation plan and intelligence operations are normally given verbally to prevent betrayals, adding that the plan consisted in him earning the trust of the drug traffickers so as to subsequently “capture aircraft, drugs, drug traffickers, arms, radio equipment, materials and other,” locating radio stations and the drug traffickers’ hideouts. 76 Cf. Definitive detention order issued by the Permanent Military Judge of August 9, 1995 (evidence file, folio 407). 77 Cf. Report of October 14, 1995 (evidence file, folios 97 to 100). 78 Cf. Report of October 14, 1995 (evidence file, folios 97 to 100). 79 Cf. Accusation of the Military Prosecutor’s Office against Jorge Rosadio Villavicencio et al., October 17, 1995 (evidence file of the IACHR, folios 102 to 109). 80 Cf. Ruling of the President of the Permanent War Council of the Fifth Judicial Military Region of December 4, 1995, whereby he enforced a warning of appointment of the public defender (evidence file, folio 111). 81 He claimed that the defendant recognized having authorized three drug-trafficking flights and dividing the money from those flights as ordered by Colonel [M], for which he created and presented a report. He indicated that “he is being judged because he allegedly misappropriated more money than what was reported, without there being any evidence.” Cf. Pleadings of December 18, 1995, made by the defense counsel in favor of Rosadio Villavicencio (evidence file, folios 113 to 114). 74 18