29 Furthermore, in Memorandum No. 1235-DECOTE PNP-Hco., dated November 2, 1994, Verification Report No. 24 on applicant code number. A1J054967 was forwarded to Office of the First Provincial Criminal Prosecutor of Huánuco. The applicant so identified was Luis Galindo Cárdenas. The memorandum also 90 advised that the applicant was being held in special quarters for reasons of his physical safety. 126. The Commission notes, too, that based on the facts established in the preceding paragraphs: 1) the sister and the wife of Mr. Galindo visited him on October 17, 1994, when he was detained at the Yánac military barracks; 2) on October 26, 1994, the Attorney General visited Mr. Galindo at the barracks of Counter-Subversive Battalion 314-Yanac, officers’ quarters, in the company of the Provincial Prosecutor from the Office of the First Provincial Criminal Prosecutor of Huánuco. The record of the visit shows that Mr. Galindo was wearing “yellow pajamas under a striped robe,” was in a room “with a bed and a desk,” and shared a bathroom with the rector of the Universidad de Huánuco. According to the record signed by the Attorney General on October 26, 1994, Mr. Galindo told her that he had been held in that room since Sunday, October 16, 1994, and 3) according to the record of the International Committee of the Red Cross, Mr. Galindo was visited on November 9, 1994, at the Huánuco Military Base by two representatives of the Committee; according to their records, he was taken into custody on October 16, 1994. 127. Furthermore, on October 19, 1994, the press carried a report to the effect that the Armed Forces had not allowed the President of the Supreme Court, Luis Serpa Segura, to communicate in any way with magistrate Galindo, who was being detained at a military base; three congressmen –among them deputy Roger Cáceres Velázquez, traveled twice to Huánuco to speak with Mr. Galindo, but without success; they were told that the person who had to authorize the visit was the highest-ranking military commander at the base, who had not been in Huánuco for several days. 128. The Commission observes that while the State denies that Mr. Galindo was held in detention at military facilities and claims that he was held at the Office of the Chief of Counter-Terrorism (JECOTE), it has provided no proof to corroborate its claim. In Verification Report No. 24-DECOTE-PNP-HCO, dated October 31, 1994, a statement is made to the effect that the applicant was being held in “special quarters and being provided with security to safeguard his personal integrity.” However, neither this memorandum nor the memorandum that DECOTE-PNP sent to the Huánuco Provincial Prosecutor on November 2, 1994 specifies precisely where Mr. Galindo was being held. Therefore, and inasmuch as the burden of proof is on the State, the Commission considers that Mr. Galindo was in fact being held at the Yanac Military Base. 129. Furthermore, the Commission observes that while Mr. Galindo Cárdenas has consistently stated that he was released on November 16, 1994, the State has not provided any proof, such as a release order, indicating when Mr. Galindo was released and when he was notified of the prosecutor’s November 9, 1994 decision to exempt him from criminal liability in application of the Repentance Law. The Commission therefore concludes that Mr. Galindo was detained for 31 days at the Yanac Military Base. Measures attempted by former magistrate Galindo Cárdenas once he was released 130. On November 21, 1994, Mr. Galindo filed a request with the Minister of State for the Interior asking that personal guarantees be provided for himself and his family members, given the events that transpired 91 92 between October 16 and November 15, 1994. He repeated that request, in writing, on March 13, 1995. The Commission has no record of the State having responded to these requests. 90 Annex 35. Report No. 9- DECOTE-PNP-HCO./AD of March 25, 1996, signed by PNP Captain Alberto A. Campos Robles and Examiner Marciano Albarado León. Attachment to the State’s brief of August 6, 2002. 91 Annex 28. Request for Personal Guarantees, addressed to the Minister of the Interior, Peruvian Army Division General Juan Briones Dávila, November 21, 1994. Attachment to the petitioner’s brief of January 3, 1996. 92 Annex 29. Brief dated March 13, 1995, addressed to the Minister of the Interior Peruvian Army Division General Juan Briones Dávila, subject: Personal guarantees requested. Attachment to the petitioner’s brief of January 3, 1996.