13 VI FACTS 46. Taking into account the arguments presented by the parties and the Commission, the main facts of the case will be displayed in the following order: A) the events that occurred between January 17 and 30, 2002; B) actions taken by the next of kin and investigation of the facts, and C) refugee status of Juan Arrom and Anuncio Martí in Brazil. It has not been proven before this Court that these events occurred in a context of systematic and generalized practice of forced disappearances, nor in a context of persecution of the alleged victims for their political activities. A. Events that occurred between January 17 and 30, 2002 47. On January 19, 2002, the Public Prosecution’s Office ordered the arrest of Juan Arrom Suhurt and Anuncio Martí Méndez for their alleged participation in a kidnapping.33 According to press releases, since January 20, 2002, the Minister of the Interior, Julio César Fanego, stated that various leaders of the organization Patria Libre were involved in the kidnapping of María Edith Bordón, including Juan Arrom Suhurt and that “since [January 15] surveillance was already being carried out on the criminal perpetrators, due to which they were very sure that all those who participated in the kidnapping would be caught.”34 At the same time, since January 20, 2002, it had been widely reported in the press that Juan Arrom Suhurt and Anuncio Martí Méndez had disappeared35. 48. The Court notes that what happened to the alleged victims between January 17 and 30, 2002 is contested. On one hand, the representatives and the Commission argued that the alleged victims were deprived of their liberty on January 17, which constituted the beginning of a forced disappearance that ended on January 30, 2002, when they were found alive. They also indicated that during this time they were subjected to torture. They explained that these acts were carried out by groups of the National Police, with the acquiescence of senior officials of the Ministry of the Interior, the Chief of Police, and the National Prosecutor's Office. On the other hand, the State based its defense on the fact that the participation of State agents has not been proven, and that the alleged victims are evading national justice in the investigation process for the kidnapping of María Edith Bordón. The Court will solve the dispute regarding the participation of state agents in the corresponding chapter on the merits. 49. This chapter will summarize the information received relating to the apprehension of the alleged victims on January 17, 2002, their appearance on January 30, 2002, and the possible mistreatment to which they were subjected. 50. According to what was stated by Juan Arrom and Anuncio Martí, on January 17 they were at Anuncio Martí's house.36 They left the house in Martí Méndez's car to buy diapers for his son Resolution No. 8 of January 19, 2002 of the Public Prosecutor’s Office (evidence file, fs. 6516 and 6517). Cf. Note from the newspaper La Nación, titled “Kidnappers are from a Free Homeland”, dated January 20, 2002 (evidence file, f. 71), and Note from the newspaper ABC, titled “Police say they have identified the intellectual author of the kidnapping,” of January 20, 2002 (evidence file, f. 72). See also, Note from Diario ABC, titled "The police suspect that a leftist group is behind the kidnapping," published on January 19, 2002 (evidence file, f. 68). 35 Cf. Note from the newspaper La Nación, entitled "They denounce that Arrom is missing", dated January 20, 2002 (evidence file, f. 71); Note from the Diario Noticias, entitled "Family members of an accused request that he be presented," published on January 21, 2002 (evidence file, f. 78); Note from the Diario Crónica, entitled "Family members denounce the strange disappearance of Juan Arrom", published on January 21, 2002 (evidence file, fs. 87 and 88), and Note from the Diario Crónica, entitled "Family members are still looking for Juan", published on January 22, 2002 (evidence file, f. 1894). 36 Statement of Anuncio Martí Méndez of February 4, 2002 before the Criminal Guarantees Judge (evidence file, f. 4049), and Statement of Juan Arrom Suhurt of February 4, 2002 before the Criminal Guarantees Judge (evidence file, f. 4032). 33 34