12 31. In this case, the State has denied that the disappearance of Mr. Anzualdo Castro is attributable to state agents and has emphasized that Sendero Luminoso is responsible for his disappearance (infra paras. 35 and 38 to 41). 32. Before entering into the analysis of the legal arguments per se, it is appropriate for the Tribunal to determine, in the framework of the evidence produced regarding the facts of the instant and the context in which they occurred, whether the disappearance of Mr. Anzualdo is attributable to the State. A. Facts of the instant case and context in which they occurred 33. The Court considers the facts mentioned in this paragraph and the next paragraph as proven, based on the evidence furnished and declared admissible or given that such facts were not contested: Kenneth Ney Anzualdo Castro was born on June 13, 1968.29 At the time of the events, he was 25 years old and was a student of Economics at Escuela Profesional de Economía, Universidad Nacional del Callao.30 He was linked to the Students’ Federation. In October 1991, the house where he lived, together with this family, was inspected and Anzualdo Castro was arrested together with other people, for alleged terrorist activities for which he was held in custody for 15 days at the National Office Against Terrorism (hereinafter, “DINCOTE”).31 34. On December 16, 1993 Kenneth Ney Anzualdo Castro left the home of his father, Mr. Félix Vicente Anzualdo Vicuña, located in La Perla, Callao, at 04.00 P.M. to go to the University32. He was at the University until, approximately, 08.45 P.M., when he decided to go home. In the company of three fellow students of the University, he walked to the bus stop at Avenida Santa Rosa, where he got on a 19-B bus, license plate number 3738 that would take him home. They saw him get on the bus, which was driven by Santiago Cristóbal Alvarado Santos33. During the journey 29 Cf. Birth certificate of Kenneth Ney Anzualdo Castro of June 14, 1968 (record of evidence, volume VIII, appendix 1 to the brief of pleadings and motions, page 2702). 30 Cf. Studies Certificate N°. 2833- 2008- OAGRA of Mr. Kenneth Ney Anzualdo Castro (record of evidence, volume VIII, appendix 4 to the Brief of Pleadings and Motions, page 2708). 31 Cf. Testimony rendered by Mr. Felix Vicente Anzualdo Vicuña at the public hearing held by the Inter-American Court on April 2, 2009; testimony rendered by Mr. Felix Vicente Anzualdo Vicuña before the Truth and Reconciliation Commission on June 22, 2002 (records of evidence, volume VIII, appendix 11 to the brief of pleadings and motions, page 2757); Truth and Reconciliation Commission, testimony record N° 100079 rendered by Felix Vicente Anzualdo Vicuña (record of evidence, volume V, appendix 31 to the application, pages 1844-1865); Statement of Felix Vicente Anzualdo Vicuña rendered before the Office of the Fifth Provincial Prosecutor for Criminal matters of Callao on January 17, 1994 (record of evidence, volume V, appendix 11 to the application, page 1737); statement of Marly Arleny Anzualdo Castro before the Office of the Fifth Provincial Prosecutor for Criminal matters of Callao on January 17, 1994 (record of evidence, volume V,, appendix 11 to the application, page 1734); affidavit rendered by Rommel Darwin Anzualdo Castro on March 9, 2009 (record of evidence, volume IX, pages 4335-4339); press releases (record of evidence, volume IX, appendix 5 to the State's response, pages 3491-3495) and Report N° 028-DAN-DIVICOTE-2-DINCOTE of June 16, 1997 (record of evidence, Volume IX, appendix 6 to the State’s response, pages 3497- 3499). 32 Cf. statement of Marly Arleny Anzualdo Castro before the Office of the Fifth Provincial Prosecutor for Criminal Matters of Callao of January 14, 1994 (records of evidence, volume V, appendix 11 to the application, page 1732) and statement of Felix Vicente Anzualdo Vicuña before the Office of the Fifth Provincial Prosecutor for Criminal Matters of Callao of January 17, 1994 (record of evidence, volume V, appendix 11 to the application, page 1735). 33 Cf. Statement of Marly Arleny Anzualdo Castro rendered at the public hearing held before the Inter-American Court on April 2, 2009; testimony rendered by Felix Vicente Anzualdo Vicuña before the Truth and Reconciliation Commission on June 22, 2002 (record of evidence, volume VIII, appendix 11 to the brief of pleadings and motions, page 2757); statement of Marly Arleny Anzualdo Castro rendered before the Office of the Fifth Provincial Prosecutor for Criminal Matters of Callao, on January 14, 1994