41 a) Regarding the first investigation opened in 1993157 128. As to the first criminal investigation, the Commission argued that the fact that the Peruvian State has ordered the opening and closure of the investigations on several occasions, and that the record of the proceedings has been reported missing, are clear indications of the lack of due diligence. It specified that “there is no evidence […] that the initial investigations included a reenactment of events, adoption of effective measures to investigate the existence of clandestine detention centers in the basements of the SIE facilities, or a search for the corpse […] at that facility.” It also mentioned that “nor were key persons summoned to give statements, such as SIE personnel, police officers, and other officials on duty at the time of the events.” 129. The representatives presented similar arguments; they listed some of the actions required before the existence of reasons to believe that a person was subjected to forced disappearance, and pointed out that the Prosecutor's Office failed to investigate into the possible vehicle in which Kenneth was transported and mentioned that measures were adopted at the request of the next-of-kin, that the testimonies were taken in an intimidating manner and that no additional key persons were summoned to render testimonies. Moreover, regarding the initial complaint, the representatives stated that “the Office of the Fifth Prosecutor oriented the investigation, not to elucidate the facts and the possible whereabouts of Kenneth and to avoid, in this way, the consummation of his disappearance, but to the hypothetical connection of Kenneth with subversive activities that may ‘justify’ the facts” and that though the Prosecutor’s Office acknowledged the possibility that he was detained by state officers, it decided to close the investigation. 130. The Court notes that the first investigation was opened due to the criminal complaint filed by the father of the victim, twelve days after his disappearance, by the end of 1993158. During the conduct of this investigation, several testimonies were taken159, including the statement of Mr. Santiago Cristóbal Alvarado Santos160. In addition, a search was conducted at the domicile of the Anzualdo family, in which certain objects of Kenneth’s room were seizured, including “subversive material” from newspaper clipping, leaflets and university documents, agenda and personal 157 Investigation before the Office of the Fifth Provincial Prosecutor for Criminal Matters of Callao (assigned number 227-93-III). 158 According to the Commission and the representatives, on December 28, 1993 the next-of-kin of Kenneth Ney filed a complaint with the Office of the Provincial Prosecutor for Criminal Matters of Callao. The State did not contest this fact. 159 Cf. Statement of Marly Arleny Anzualdo Castro rendered before the Office of the Fifth Provincial Prosecutor for Criminal Matters of Callao on January 14, 1994 (record of evidence, Volume V, appendix 11 to the application, pages 1732-1734),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, pages 1735- 1737); statement of Rubén Dario Trujillo Mejía rendered before the Office of the Fifth Provincial Prosecutor for Criminal Matters of Callao on January 24, 1994 (record of evidence, volume V, appendix 11 to the application, pages 1740-1742); statement of Milagros Juana Olivares Huapaya rendered before the Office of the Fifth Provincial Prosecutor for Criminal Matters of Callao on February 10, 1994 (record of evidence, Volume V, appendix 11 to the application, pages 1743- 1744) and statement of Yheimi Torres Tuanama before the Office of the Fifth Provincial Prosecutor for Criminal Matters of Callao, on February 11, 1994 (record of evidence, Volume V, appendix 11 to the application, pages 1745- 1747). 160 Cf. statement rendered by Santiago Cristóbal Alvarado Santos before the Office of the Fifth Provincial Prosecutor for Criminal Matters of Callao, on January 14, 1994 (record of evidence, volume V, appendix 11 to the application, pages 1729-1731).