16 existed between Kenneth Ney Anzualdo Castro and Martin Javier Roca Casas, mentioned by the State, since the Tribunal cannot assume that, in view of that relationship and that they were friends or fellow students, the former was an informant of the security forces or that he was disappeared by Sendero Luminoso. 43. Apart from the foregoing, the Court considers that the version of the facts presented by the State during this proceeding is inconsistent with what the State’s judicial organs sustained in the processing of the request for extradition of former President Fujimori. It seems appropriate to note that the Ad Hoc State’s Attorney Office, in the cases of Fujimori- Montesinos, considered that, according to the Logbook 1 of the basement of the SIE, a person identified as "detainee 5C”- that corresponded to Kenneth Ney Anzualdo Castro- was admitted to the basement in the night of December 16, 1993, at 10:10 P.M.; and that it would be possible to establish, from the analysis of the Logbooks 1 and 2 of the basements of SIE, that detainee 5C would have been held in said basements from December 16, 1993 to December 30, 1993 and that he would have been daily visited by an Army officer. After December 30, 1993, detainee 5C does not appear any longer in the entries of Logbooks 1 and 2 of the basements of the SIE and there is no specification as to the exit reason or final destination. According to the abovementioned Ad Hoc State’s Attorney Office, considering the non-return exit of Anzualdo Castro from the entries of the SIE, it is presumed that he was eliminated and his body later cremated in the incinerators installed in the basements of SIE.46 44. In the report forwarded to the State’s Attorney of the Supreme Court of Chile, in relation to said request for extradition, it is indicated that the information above mentioned allows concluding that there are manifold, serious, and consistent indications, from which it is possible to conclude for certain that Kenneth Anzualdo Castro was detained by agents of the State.47 Said amendment to the request of the State’s Attorney, as well as its admission by the Supreme Court, considers as a fact that the forced disappearance is attributable to state agents, including to highranking authorities at that time. The Court considers that, even though the statements made by the State were expressed in different procedures and places, on the one hand, in the extradition proceeding of former President Fujimori and on the other hand, in the proceeding before this Tribunal, there is a contradiction that disqualifies the position expressed by the State. 45. Lastly, the State indicated during the hearing that the hypothesis of the disappearance of Mr. Anzualdo Castro by Sendero Luminoso "is not under investigation in the criminal proceeding that is currently conducted.” This would prove, contrary to what the State seeks, that the own statements of the State regarding such connection are not based on findings made at the domestic level by judicial or investigation authorities, courts or investigative authorities, which invalidates the State’s position. 46. It is also relevant that Mr. Anzualdo was made disappeared two days before he was due to go to the State's Attorney Office to render a statement about the circumstances of the disappearance of Martin Roca Casas. This is why, a few days 46 Cf. amendment to request the Active Extradition of the Ad Hoc State’s Attorney Office of March 21, 2006 (record of evidence, Volume VIII, appendix 16 to the Brief of Pleadings and Motions, page 2920). See also, affidavit rendered by Victor Manuel Quinteros Marquina on March 16, 2009 (records of evidence, volume XI, pages 4350-4362). 47 Cf. Report of the State's Attorney Office of the Supreme Court of Chile in relation to the request for extradition of the Peruvian citizen Alberto Fujimori, of June 7, 2007 (record of evidence, volume VIII, appendix 17 to the Brief of Pleadings and Motions, page 2979).