10. She states that Mr. Rosadío Villavicencio assumed his post and his direct superior, (Peruvian Army) Col. Emilio Murgueytio entrusted him with an intelligence mission in his capacity as Chief of the Sión Base: to carry out the “Angel” Operations Plan, classified as “secret,” which involved infiltrating drug trafficking organizations in order to dismantle them. She alleges that he was told that the effectiveness of the infiltration he was to carry out depended on him “passing himself off as a corrupt officer.” This intelligence mission began during the first part of August 1994. 11. Soon thereafter, on September 25, 1994, Mr. Rosadío Villavicencio was informed by Memorandum Nº 217/SLP/K-1/20.04 of that same date that he had been accused of having committed the following crimes: Illicit drug trafficking (Article 296 of the Criminal Code), in the regular courts, and, for the following offenses provided for in the military justice code: offense against the duty and dignity of the office (Article 200); falsity (Article 299), negligence (Article 238), offense against the administration of justice (Article 302(4)), abuse of authority (Article 180(8)(a)), and disobedience (Article 158, also of the military justice code). Accordingly, she argues, Mr. Rosadío Villavicencio was subjected to multiple prosecutions on the same facts, for he is the subject of an administrative disciplinary proceeding, investigation and prosecution for offenses set forth in the Military Justice Code, in the military courts, and in the regular courts for drug trafficking, all stemming from the same facts. 12. With respect to the administrative disciplinary proceeding, she alleges that even though Jorge Rosadío Villavicencio is an officer of the Peruvian Army, that proceeding was under the Investigative Council for Subaltern Officers, and that in its session of February 7, 1995, it decided to have him retired. That to legalize this decision, the General Command of the Army, by Resolution Nº 0527 CP/EP/CP-JAPE of March 3, 1995, issued in the city of Lima, retired him by disciplinary measure effective February 24, 1995; this resolution was handed down when the victim was detained in San Martín, far from the city of Lima, thus he was physically impeded from taking action against it, and the resolution retiring him was applied retroactively, thereby violating due process guarantees. 13. In relation to the actions taken in the military jurisdiction, the petitioner notes that the proceedings against the victim began on January 6, 1997, for allegedly committing offenses proscribed in the Code of Military Justice. She notes that the Consejo Superior de Guerra found him guilty as the “perpetrator and person responsible for criminal 3

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