According to secondary investigations, the mother’s conduct, and that of the boys’
grandmother, is prejudicial to their care and upbringing at this time. Given the serious
financial instability of the mother and the maternal grandmother, as well as their very
chaotic behavior, we find that neither one of them, nor their family, is an option at this time
for the protection of the boys. Therefore, it is recommended that they remain
institutionalized, and that the respective social study and investigation to be updated at a
time the court deems prudent in order to establish whether the living and behavioral
conditions have improved.78
62.
In addition, the Office of the Attorney General informed the court of the investigation into
Mrs. Ramírez’s socioeconomic situation.79 According to interviews with neighbors, Mrs. Ramírez mistreated
her children, drank alcohol constantly, and was a drug addict.80
63.
On May 15, 1997, National Police Headquarters informed the court that Mrs. Ramírez had no
criminal record.81 The police did indicate that the maternal grandmother had a criminal record of making
false statements in a document, fraud, possession of an offensive weapon, and possession of marijuana.82
64.
On May 19, 1997, the social study conducted by the Association with respect to the aunts of
the Ramírez boys was submitted to the court.83 That study concluded that:
(…) the interest of the boys’ godmothers in claiming them is a maneuver to obtain custody of
the boys in order to return them to their mother, who abuses them and is terrible for them
(…) the minor child Osmín Ricardo Amílcar Tobar Ramírez attended the interview and stated
that he would not like to live with his godmother because her husband frequently beats him
(…) the overcrowded living conditions of the godmothers and their families, their limited
financial resources, and the fact that they were aware of the desperate situation of the boys
when they were in their mother’s care but did nothing to put an end to the abuse, lead us to
recommend that the boys not be turned over to Mrs. Escobar Carrera or Mrs. Echeverría de
Reyes. (…) I reiterate what I stated in the initial socioeconomic report, that both boys should
be integrated into families who will provide them with the love and care they need (…).
Therefore, I recommend that the court issue a declaration of abandonment so they can be
included in the adoption program sponsored by the Guatemala Children's Association.”84
65.
On June 21, 1997, the Psychological Services Unit of the Judiciary filed a psychological report
on Mrs. Ramírez and the boys’ maternal grandmother.85 With respect to Mrs. Ramírez, it stated that “Due to
the characteristics exhibited by the patient, it is inferred that her ability to assume the role of mother is
seriously compromised.”86 As for the maternal grandmother, it stated, “With regard to the maternal
78 Annex 4. Social Worker’s Report, Office of the Attorney General, Juvenile Legal Assistance Section, May 7, 1997, by Ana Bella
Calderón Rubello, case file 2663-96.
79 Annex 4. Report of Investigating Officer No. 012, Office of the Attorney General, Juvenile Legal Assistance Section, March 20,
1997, 3rd Officer, prepared by Rivera Castro, case file 2663-96.
80 Annex 4. Report of Investigating Officer No. 012, Office of the Attorney General, Juvenile Legal Assistance Section, March 20,
1997, 3rd Officer, prepared by Rivera Castro, case file 2663-96.
81
Annex 7. Criminal record reports, National Police Headquarters, May 15, 1997.
82
Annex 7. Criminal record reports, National Police Headquarters, May 15, 1997.
83
Annex 8. Social study by Blanca Anabella Burbano E., Social Worker, May 19, 1997, Guatemala Children’s Association.
84
Annex 8. Social study by Blanca Anabella Burbano E., Social Worker, May 19, 1997, Guatemala Children’s Association.
85
Annex 4. Psychological Report of the Psychological Services Unit of the Judiciary, July 21, 1997, case file 2663-96.
86
Annex 4. Psychological Report of the Psychological Services Unit of the Judiciary, July 21, 1997, case file 2663-96.
12