81. On September 30, 1997, the court acknowledged that “the error was committed in this case of failing to give notice to the moving party of the order dated August 25, 1997 (…) which affected the right of defense to which she is entitled.”124 The court ruled to set aside the proceedings held subsequent to August 25.125 82. On October 2, 1997, Mrs. Ramírez requested that the court allow her to submit evidence in the proceedings.126 Her request was denied on October 6, 1997 for “failing to state a claim upon which relief can be granted.”127 83. On October 9, 1997, the Judicial Coordination Office for the Juvenile Courts ruled on the selfrecusal request submitted by the judge handling the case.128 Judge Judith Flores de Morales of the Third Juvenile Trial Court was appointed as the new judge in the case.129 84. On October 28, 1997, Mrs. Ramírez again requested the appropriate adjudication of the motion for review, pursuant to Article 46 of the Juvenile Code.130 The following day, Judge Flores recused herself from the case, alleging that she had a “friendship and relationship” with the junior attorney representing Mrs. Ramírez, who had previously worked as a judge.131 On November 3, 1997, Mrs. Ramírez challenged the self-recusal and alleged that there was no relationship that would prevent Judge Flores from hearing and deciding the case merely because her attorney had worked as a judge many years earlier.132 85. On January 6, 1998, the court dismissed the motion for review.133 It found that, according to the principle of the best interest of the child established in the Convention on the Rights of the Child, there had been a “necessary removal of the children from their parents.”134 It determined that “the situation (…) has not changed to date.”135 86. On March 3, 1998, the Third Juvenile Trial Court allowed Judge Flores to recuse herself from continuing to hear the case.136 On May 4, 1998, the case file was received by Judge Mildred Celina Roca Barillas de Almengor of the Second Juvenile Trial Court.137 The judge remanded the case to the court of origin [… continuación] of the evidence offered by the parties at the time of filing the motion or holding the hearing, at no more than two hearings, which shall take place within the next two business days. 123 Annex 4. Brief of Mrs. Flor de Maria Ramírez filing a motion for reconsideration, September 26, 1997, case file 2663-96. 124 Annex 4. Order, September 30, 1997, case file 2663-96. 125 Annex 4. Order, September 30, 1997, case file 2663-96. 126 Annex 14. Communication from Mrs. Ramírez dated October 2, 1997. Annex 1.6. 127 Annex 15. Court order, October 6, 1997. Annex 1.6. Annex 16. Order, Judicial Coordination Office for the Juvenile Courts, Guatemala, October 9, 1997. Order to conduct proceedings, Third Juvenile Trial Court, October 21, 1997, case file 1-97. Annex 1.7. 128 129 Annex 16. Order, Judicial Coordination Office for the Juvenile Courts, Guatemala, October 9, 1997. Order to conduct proceedings, Third Juvenile Trial Court, October 21, 1997, case file 1-97. 130 Annex 17. Brief of Mrs. Flor de Maria Ramírez to the Third Juvenile Trial Court, October 28, 1997, case file 1-97. Annex 1.8. 131 Annex 18. Brief of Mrs. Flor de Maria Ramírez to the Third Juvenile Trial Court, October 28, 1997, case file 1-97. 132 Annex 19. Communication Mrs. Flor de Maria Ramírez, November 3, 1997. Annex 1.9. 133 Annex 20. Order, January 6, 1998, Third Juvenile Trial Court. 134 Annex 20. Order, January 6, 1998, Third Juvenile Trial Court. 135 Annex 20. Order, January 6, 1998, Third Juvenile Trial Court. 136 Annex 21. Order of the Third Juvenile Trial Court, March 3, 1998. Annex 1.9. 137 Annex 22. Order, Second Juvenile Trial Court, May 4, 1998. 16