by his mother Flor de Maria Ramírez Escobar.50 Mrs. Ramírez stated that her son J.R. was born as the result of
a rape.51
52.
Osmín Tobar Ramírez’s parents later separated and agreed in court to a visitation schedule
whereby Mr. Tobar would see his son once a week.52
53.
According to Mrs. Ramírez, at the time of the events, Osmín Tobar Ramírez, who was seven
years old, was attending the Las Vacas School in Zone 16, Guatemala City.53 J.R. was two years old.54 Mrs.
Ramírez was working as a processing agent at the Ministry of Finance, and hired her neighbor Ana Delmy
Arias to take care of her children while she was at work.55
3.2.
Declaration of abandonment of the Ramírez boys
54.
On December 18, 1996, the Judicial Coordination Office for the Juvenile Courts received an
anonymous telephone complaint.56 It was reported that the Ramírez boys “have been abandoned by their
mother, who sniffs glue and drinks alcoholic beverages, and therefore are at risk or in danger.”57
55.
On January 8, 1997, Judge Aida Rabasso of the First Juvenile Trial Court for Guatemala City
asked the Chief of the Juvenile Legal Assistance Section of the Office of the Attorney General to schedule a
home visit to check on the welfare of the Ramírez boys.58 She specified that, in the event the alleged situation
was confirmed, they should “proceed to rescue the children, admitting them to the Guatemala Children's
Association Residence for their care and protection.”59
56.
The following day, personnel from the Office of the Attorney General reported to the home of
the Ramírez boys.60 They informed the court that upon their arrival the boys were without adult supervision
and stated that they had not eaten breakfast.61 They also reported that neither child “showed signs of physical
abuse.”62 The boys were taken to the Guatemala Children's Association Residence.63
57.
That same January 9, 1997, Mrs. Ramírez appeared before Judge Rabasso to request that her
sons be released to her.64 She presented their birth certificates and indicated that she “[leaves] the house
50
Annex 2. Birth Certificate No. 284, Page 172, Book No. 193-G, January 12, 1996.
Annex 56. Guatemalan National Civil Police, Criminal Investigation Service, Minors and Disappeared Persons Division,
Investigator Gilberto Arturo Salas Tornez, Report of June 4, 2001.
51
52 Annex 3. Support Agreement (07/31/97) between the parents Flor de Maria Ramírez Escobar and Gustavo Amílcar Tobar
Fajardo, Agreement No. 308-97, approved by the court on August 18, 1997.
53
Annex 4. Brief of Flor de Maria Ramírez filing a motion for review, August 25, 1997, case file 2663-96.
54
Annex 2. Birth Certificate No. 284, Page 172, Book No. 193-G, January 12, 1996.
55
Annex 4. Brief of Mrs. Flor de Maria Ramírez filing a motion for review, August 25, 1997, case file 2663-96.
56
Annex 4. Public complaint 1573-96, case file 2663-96, December 18, 1996. Annex 20.
57
Annex 4. Public complaint 1573-96, case file 2663-96, December 18, 1996. Annex 20.
Annex 4. Official Letter of January 8, 1997, communication addressed to the Chief of the Juvenile Legal Assistance Section of
the Office of the Attorney General of Guatemala, case file 2663-96.
58
59 Annex 4. Official Letter of January 8, 1997, communication addressed to the Chief of the Juvenile Legal Assistance Section of
the Office of the Attorney General of Guatemala, case file 2663-96.
60
Annex 4. Report of the Office of the Attorney General, Juvenile Legal Assistance Section, rescue group, case file 2663-96.
61
Annex 4. Report of the Office of the Attorney General, Juvenile Legal Assistance Section, rescue group, case file 2663-96.
62
Annex 4. Report of the Office of the Attorney General, Juvenile Legal Assistance Section, rescue group, case file 2663-96.
63
Annex 4. Report of the Office of the Attorney General, Juvenile Legal Assistance Section, rescue group, case file 2663-96.
64
Annex 4. Record of Appearance dated January 9, 1997, First Juvenile Trial Court, Guatemala, case file 2663-96.
10