13.
The petitioners also alleged that the State failed to investigate the authorities responsible for
the unwarranted delay in the proceedings for the review of the declaration of abandonment, as well as other
authorities and individuals involved in the declaration of abandonment and adoption of the Ramírez boys.
14.
In addition, the petitioners argued that the State violated the right to privacy and family
life of the Ramírez brothers, their mother, and the father of one of them. They alleged that the State
arbitrarily interfered in their nuclear family by removing the boys from their home in an irregular manner, as
well as through the declaration of abandonment and subsequent adoption. The petitioners asserted that the
State allowed the lawyers and notaries involved in both proceedings—which were plagued by a number of
errors—to continue with the respective procedures to finalize the adoption, which did not comply with
international standards on the matter.
15.
In relation to the right to equal protection, the petitioners alleged that the Ramírez
brothers and their parents were the victims of discrimination by the various government actors who took
part in the proceedings for the declaration of abandonment. They claimed that the boys and their parents
were treated differently based on social prejudices and the family’s financial status. They stated that, in their
opinion, this was the basis for the declaration of abandonment of the Ramírez brothers.
16.
The petitioners additionally asserted that, due to the irregular proceedings that resulted in
the judicial declaration of abandonment and adoption, Osmín Ricardo and J.R.’ rights to a name and identity
were violated. They argued that, in addition to having their names and their history’s data changed, they boys
lost the opportunity to grow up with the identity of their family and their culture, which affected their
personal, family, and social development.
17.
The petitioners argued that the State violated the right to personal liberty of the Ramírez
boys by sending them to live in a private institution for 17 months without having conducted the appropriate
prior assessments of the suitability of the boys’ nuclear and extended family for purposes of their
reintegration into their immediate family. They explained that this was because at that time there was a
widespread practice of issuing evaluations directly recommending transfer to different State-sponsored
adoption residences.
18.
They alleged that the Ramírez brothers’ right to humane treatment was violated, especially
in its mental aspect, given that they had been: (i) arbitrarily forced by the State to be removed from their
biological mother and the biological father of Osmín Ricardo Tobar Ramírez; (ii) arbitrarily sent to live in a
private institution for 17 months; and (iii) taken to live with families residing in the United States of America
where the language and cultural values were different from those of their biological parents, and without
contact between them. They stated that all of this caused the children to experience distress, pain, and
suffering.
19.
The petitioners added that this suffering has continued, given that the boys have not had
contact with their biological parents. They argued that Mrs. Flor de María Ramírez Escobar and Mr. Gustavo
Amílcar Tobar Fajardo’s right to humane treatment was also violated, as they were arbitrarily separated from
their sons and unable to have contact with them. The petitioners stated that all of this, as well as the
unsuccessful motions and appeals filed before the Guatemalan authorities, have caused them intense distress,
pain, and suffering.
B.
Position of the State
20.
The State argued that it bears no responsibility in this case. It alleged that the judicial
declaration of abandonment and the subsequent adoption were properly conducted in accordance with
domestic law.
21.
It maintained that the authority that issued the declaration of abandonment considered
different evidence in order to render its decision on the appropriateness of the protection measures on behalf
of the Ramírez brothers. In addition, the court found that no family member was suitable to care for the boys,
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