representative’s allegation that, at the time of the events, the State also used these images without sound to indicate that, when Ms. J. defended herself indignantly from the accusation of the Minister of the Interior and pointed out that the accusations against her were false, the State used this to say that she behaved like a “typical terrorist” “with quite energetic and aggressive behavior,” and that she had “come out waving Shining Path banners.” 239. This Court considers that the said press conference is an act that was carried out under the absolute control of the State and that the respective video constitutes evidence that is entirely in the hands of the State. In this regard, the Court recalls that, in proceedings concerning human rights violations, the State’s defense cannot be based on the impossibility of the plaintiff providing evidence when it is the State that controls the means of clarifying facts that took place on its territory. 349 Even though the passage of time is now a reasonable justification, the Court points out that, since her first actions and briefs before the inter-American system in 1997, the presumed victim has referred to this presentation before the media, and has also asked that the State provide 350 Despite this, the State has not responded to this request until the May 2013 the recording. requirement by the acting President in the context of this case, when it indicated that it was unable to locate the said video with its original audio recording. 240. In this regard, the Court considers that this constitutes a presumption in favor of the representative’s allegation that, during the said press conference, it was indicated that Ms. J. was a “terrorist” and “Senderista” [member of Shining Path], without the appropriate clarification – to safeguard her right to the presumption of innocence – that she had not yet been tried for the offense of which she was accused. This Court notes that the said presumption is reinforced by the references made in the newspaper articles and notes provided to the case file in this case by both the State and the representative, which reveal that the media understood that Ms. J. was a “terrorist,” member of Shining Path, unreservedly and without any clarification. 351 349 Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, paras. 135 and 136, and Case of Vélez Restrepo and family members v. Colombia. Preliminary objections, merits, reparations and costs. Judgment of September 3, 2012. Series C No. 248, para. 156. 350 Cf. Brief dated March 20, 1997 (file of the proceedings before the Commission, folios 714 and 715), and brief dated June 17, 1997 (file of the proceedings before the Commission, folio 556). 351 In this regard, the following articles are highlighted: (1) Police reports in the newspaper La República of April 24, 1992, the legend under the photograph of J. states: “[J.] (a) ‘Camarada Ana’, fue detenida cuando preparaba la última edición de ‘El Diario” [[J.] (alias) ‘Comrade Ana’ was arrested when she was preparing the latest edition of El Diario]. This article also indicates: “[w]ith these arrests, the authorities neutralized the last edition of El Diario, which should gone out on April 15. Machines, printers, photographs of the President of the Republic Alberto Fujimori, and of political and military authorities, diskettes, computers, hard drives with the files of the most important national and international events, […], among other elements, were shown to the press yesterday, together with those detained by the Minister of the Interior, Juan Briones Dávila. […]. La República, April 24, 1992 (file of annexes to the motions and arguments brief, annex 3, folio 3014); (2) “‘El Diario’ obedecía órdenes de la cúpula senderista” [El Diario obeyed orders from the Shining Path leaders], El Comercio, April 24, 1992, indicates the following: “23 detainees in this case, responsible for the writing, editing, printing and distribution of this Shining Path newspaper presented yesterday in a press conference by the Minister of the Interior himself, Juan Briones Dávila […]; the following were captured: […], [J.] (alias) Ana and Mery Morales Palomino (alias) Gladys. […].” El Comercio, April 24, 1992 (file of annexes to the motions and arguments brief, annex 4, folio 3016); (3) “Revista Sí, Letra Muerta,” week of April 20 to 26, 1992, indicates the following: “the Police disrupt the Shining Path propaganda apparatus. Last week they arrested all those responsible for writing, producing and printing the clandestine voice of Shining Path, El Diario. […]. Those captured included Jorge Duran Araujo […]. [Among the others are […], [J.’s younger sister], […], [J.] […].” Revista Sí, Letra Muerta, week of April 20 to 26, 1992, p. 33 (file of annexes to the motions and arguments brief, annex 6, folio 3021); (4) “Dircote captura a 56 senderistas and desarticula su aparato de difusión” [Dircote captures 56 members of Shining Path and dismantles their dissemination apparatus], La República of April 21, 1992, which states: “[t]he damaging operations recently executed by Dircote in Lima have not only permitted the capture of important MRTA military and political leaders and thwarted a chain of selective assassinations, but have also enabled the dismantling of Shining Path’s so-called press and propaganda apparatus. 56 members of this group were arrested. […] not only its main members were captured, but also two printing facilities used by the extremists to prepare issues of the clandestine newspaper El Diario were intervened. […] The list of the 55 members of Shining Path captured by the Dircote, headed by General Ketim Vidal (Peruvian National Police) was kept strictly confidential. However, it transcended that they include […] [J].” La República, April 21, 1992 (file of annexes to the State’s brief of June 24, 2013, annex 4, folio 4310); (5) “Dircote acabó con el ‘vocero’ de senderismo” [Dircote terminates Shining Path’s ‘voice’], La República, April 24, 1992, which indicates: “The Minister of the Interior, General Juan Briones Dávila (Peruvian Army), confirmed yesterday the 71