74. On November 29, 1996, a public hearing was held in this case before the Permanent War Council of the Sixth Judicial Military Area regarding the “offense against the duty and dignity of the service, with the aggravating circumstances of falsehood, negligence and abuse of authority.” The hearing was regarding the alleged victim and two other persons, and the appointed defense counsel was present, the Captain of the Army’s Legal Services [FMC]. 82 There is no evidence on record that the alleged victim was notified of the date on which the hearing would be held. 75. That same day, November 29, 1996, the Permanent War Council convicted the alleged victim to 16 months of prison for the crime of negligence. It considered that Mr. Rosadio Villavicencio “acted negligently, failing to complete the mission assigned to him, losing control over his personnel, particularly the troops, and failing to timely report to the Command the activities that he was performing […].” 76. On September 16, 1997, the Supreme Council of Military Justice issued a ruling on the appeal; it annulled the judgment and recommended to the corresponding body that when issuing the new judgment it should take into account that “Rosadio Villavicencio committed the crime of failure to obey a lawful order” and “admonished the members of the lower court […] for failing to comply with their authority, as required by law.” 83 77. On December 5, 1997, the President of the Permanent War Council of the Sixth Judicial Military Area decided to set a new date for the public hearing of the accused regarding the offense against the duty and dignity of the service and corresponding aggravating circumstances.84 He also indicated that the prosecutor, the accused, their legal counsel and the Solicitor General would be summoned to the hearings chamber of the “San Cristobal” detention center in Moyobamba, although there are no records that the accused and their legal counsel were notified. 78. On December 15, 1997, a new public hearing was held in the processing of the alleged victim and two other persons, to which only the alleged victim appeared. The appointed defense counsel that appeared was once again Mr. [FMC]. At that hearing, the Permanent War Council of the Sixth Judicial Military Area read a judgment whereby it sentenced the alleged victim to 28 months of prison for the crime of failure to obey a lawful order and to the payment of civil damages to the State.85 In the judgment, the members of the Council determined that Mr. Rosadio Villavicencio: […] acted negligently, failing to complete the mission assigned to him, losing control over his personnel, particularly the troops, and failing to timely report to the Command the activities that he was performing […]; the accused […] is serving the definitive detention order since August 9, 1995, [and…] has no criminal record other than that derived from these proceedings […]. [T]he facts committed by the intelligence lieutenant […] fall within the crime of illicit drug trafficking, which is being heard in proceedings at the Specialized Criminal Court of Juanjuí, especially as regards to the drug-trafficking flights, and these facts were inadequately classified in the order for the trial to commence as […] offense against the duty and dignity of the service, with the aggravating circumstances of falsehood, negligence and abuse of authority; therefore, in conformity with that set forth in subsection e) of Article 616 of the Code of Military Justice, with the adequate classification of the facts, these constitute the crime of failure to obey a lawful order, which is contemplated and penalized by Article 159 of the Code of Military Justice, due to non-compliance with the instructions given by the Command to the military personnel that provided services in those emergency areas. 86 Cf. Minutes of the Public Hearing of November 29, 1996, regarding Jorge Rosadio Villavicencio et al. (evidence file, folio 116). 83 Cf. Order of the First Chamber of the Supreme Council of Military Justice of September 16, 1997, which annulled the judgment of the Permanent War Council of the Sixth Judicial Military Area (evidence file, folios 132 and 133). 84 Cf. Decision of the Permanent War Council of the Sixth Judicial Military Area of December 5, 1997, which set a new date for the hearing (evidence file, folio 3074). 85 Cf. Minutes of the hearing of December 15, 1997, regarding Jorge Rosadio Villavicencio et al. (evidence file, folios 135 to 139). 86 Cf. Judgment No. 025-97 of the Permanent War Council of the Sixth Judicial Military Area of December 15, 1997 (evidence file, folios 143 to 146). 82 19