23 impossibility of the plaintiff to provide evidence that, in many cases, cannot be obtained without the cooperation of the State, this leads to the conclusion that the burden of proof on this point corresponds to the State.58 103. The victim in this case has no available means of proving when he was arrested. The State, however, cannot rely on the defense that the complainant has failed to present evidence when it cannot be obtained without the State's cooperation. Furthermore, the State has not explained the different dates given for Mr. Galindo’s arrest. Therefore, the Commission considers that Mr. Galindo’s detention occurred on October 16, 1994, when he went to the Yánac military zone to speak with the Head of the Huánuco Military Political Command. The Commission has found that Mr. Galindo’s fingerprint does not appear on the Declaration of Repentance dated October 15, 1994, as was required under the Regulations Governing the Repentance Law and which calls into question that Declaration’s authenticity. Measures taken and actions filed to inquire about the legal situation of Huánuco Superior Court Magistrate Luis Galindo 104. On October 17, 1994, Mr. Galindo’s sister, María Luisa Galindo Cárdenas, traveled with Mr. Galindo’s wife to the city of Huánuco, after a number of news reports to the effect that Mr. Galindo was mixed up in terrorist activities. In Huánuco, they learned that Luis Antonio Galindo Cárdenas was being held at a military 59 barracks; they were permitted to visit him briefly. 105. On October 17, 1994, the Huánuco Pasco Superior Court, in the person of its President, sent a memorandum to Colonel Eduardo Negrón Montestruque, Head of the Military-Political Command, asking for an explanation of the various versions that appeared in the media to the effect that the President of that Court had applied for the benefits of the Repentance Law and “whether some magistrate or other person affiliated with that 60 Court had applied for the benefits of the Repentance Law.” 106. On October 18, 1994, the President of the Huánuco Superior Court sent the Chief Superior Prosecutor of Huánuco and Pasco a memorandum asking to inform him of Magistrate Galindo’s situation, based on 61 the information published in the official communiqué released by the Ministry of Defense. 107. On October 19, 1994, the President of the Huánuco-Pasco Superior Court sent the Head of the Military-Political Command of Frente Huallaga a memorandum asking him to reply to its memorandum of October 17, 1994 and to report on the situation of Magistrate Luis Galindo, based on the official communiqué released by 62 the Office of Public Relations of the Frente Huallaga Military-Political Command on October 17, 1994. Also, on October 19, 1994, the media published a new item to the effect that the Armed Forces had not permitted the president of the Supreme Court, Luis Serpa Segura, to communicate in any way with Magistrate Galindo, who was 63 being held in detention at a military facility. 58 I/A Court H.R.. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 21, 2007. Series C No. 170, paragraph 73. 59 Annex 12. Sworn statement bearing the notarized signature of María Luisa Galindo Cárdenas, dated October 30, 2008. Attachment to the petitioner’s brief of November 3, 2008. 60 Annex 3. Memorandum No. 1457-94-PCSJH, dated October 17, 1994, signed by Humberto Cajahuanca Vásquez, Huánuco-Pasco Superior Court. Attachment to the petitioner’s brief of January 3,1996. 61 Annex 6. Memorandum No.1464-94-PCSJH, dated October 18, 1994, sent to Dr. Carlos Schult Vela, Chief Superior Court Prosecutor for Huánuco-Pasco. Attachment to the petitioner’s brief of January 3, 1996. 62 Annex 7. Memorandum No. 1465-94-PCSJH, addressed to Peruvian Army Colonel Eduardo Negrón Montestruque, Head of the Military-Political Command, signed by Humberto Cajahuenca Vásquez. Attachment to the petitioner’s brief of January 3, 1996. 63 Annex 9. The newspaper La República: “Serpa confirma detención de vocal Galindo” [Serpa confirms arrest of magistrate Galindo], October 19, 1994, Nacional/11. Attachment to the petitioner’s brief of January 3, 1996.