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inferred from them.130 In this regard, this Court has indicated that, in principle, the plaintiff bears
the burden of proof regarding the facts on which his or her allegations are based. However, it has
highlighted that, in human rights proceedings, the defense of the State cannot rest on the
impossibility of the plaintiff to adduce evidence, when it is the State that has control of the means
to clarify events that occurred within its territory.131
96. The Court notes that the present case, unlike others before this Court, did not happen in
the context of a systematic and generalized practice of forced disappearances, political persecution
or other violations of human rights. Therefore, it is not possible to use the context to corroborate
other evidence.132 There is also no evidence in this case that shows that the alleged victims were
in custody of state agents before the alleged events occurred.133 Therefore, a presumption against
the State in relation to what happened is not applicable. In this regard, contrary to what was
indicated by the Commission, the State does not have the obligation to present an alternative
thesis about what happened to the alleged victims.
97. On the other hand, in this case the evidence presented by the representatives and the
Commission refer primarily to the alleged participation of certain state agents identified by the
alleged victims, who were investigated by the domestic authorities. The Court will analyze the
conclusions of the investigation, which examined evidence related to the possible participation of
said state agents in the alleged violations of the rights of Messrs. Arrom Suhurt and Martí Méndez.
98. Taking into account the foregoing, as well as the arguments of the parties, the Court will
proceed to examine: 1) the information that aims to demonstrate the alleged state
participation in the present case, and 2) the conclusions of the criminal investigation carried
out.
B.1 Information that aims to demonstrate the alleged state participation
99. The case file includes: i) statements by the alleged victims; ii) statements of persons
who claim to have witnessed the moment of the arrest of the alleged victims by state agents;
iii) statements from people who affirm that they have received information on the participation
of state agents in general, and iv) information on the houses where the alleged victims were
detained.
B.1.a Statements by the alleged victims
100. In the instant case, the alleged victims have made various statements about what
happened. The first statements were given to the press just after leaving the house on January
30, 2002. The Telefuturo video shows that after the release, a journalist asked Anuncio Martí
Méndez if he could recognize those who took him, to which he replies: “we don't know”, then Juan
Arrom Suhurt interrupts him saying that: “it seems that they were from the Judicial Investigation
office, they said so. No, we don't know, they had us hooded almost all day.”134
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, paras. 130
and 131, and Case of Alvarado Espinoza et al. v. Mexico. Merits, Reparations and Costs. Judgment of November 28,
2018. Series C No. 370, para. 169.
131
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 135,
and Case of López Soto et al. v. Venezuela. Merits, Reparations and Costs. Judgment of September 26, 2018. Series
C No. 362, para. 163.
132
See, for example, Case of Terrones Silva et al. v. Peru. Preliminary Objections, Merits, Reparations and Costs.
Judgment of September 26, 2018. Series C No. 360.
133
See, for example, Case of Munárriz Escobar et al. v. Peru. Preliminary Objection, Merits, Reparations and
Costs. Judgment of August 20, 2018. Series C No. 355.
134
Cf. Canal Telefuturo, video of the Rescue of Juan Arrom and Anuncio Martí of January 30, 2002, (evidence file,
folder of audiovisual material, “file01”).
130