72. The court rejected the arguments put forward by the Office of the Attorney General, stating that “there is no appeal or notification pending.”98 The court relied on a certification dated January 30, 1998, which reportedly stated that the motion for review was adjudicated with the January 6, 1998 decision (see infra para. 85).99 73. On June 2, 1998, notary public Rafael Morales Solares executed the notarial instrument for the adoption of the minor child Osmín Ricardo Tobar Ramírez by Richard Anthony Borz and Kathleen Mary Richards.100 In addition, he executed the notarial instrument for the adoption of J.R. by T.B. and J.L.101. The IACHR observes that the notarial instrument was reportedly executed without the presence of the biological parents of the Ramírez boys and it was not justified the children’s separation. 74. On June 11, 1998, the respective notations were made on the birth certificates of both boys, as adopted children, at the Vital Records Office of Guatemala.102 The IACHR has no information regarding the exact date on which the Ramírez boys left Guatemala. 75. According to publicly available information, in 2009 Gustavo Tobar and Flor de Maria Ramírez were able to locate their son Osmín, whose name is reportedly “Ricardo William Burz.”103 On May 15, 2012, Osmín Tobar Ramírez (Ricardo William Burz) traveled from the United States to Guatemala, where he met his biological parents.104 He stated that he lost contact with his brother shortly after they were placed at the Association Residence.105 3.4. Appeals i) Motion for review after the declaration of abandonment of the Ramírez boys 76. On August 25, 1997, Mrs. Flor de Maria Ramírez filed a motion for the review of the judicial declaration of the boys’ abandonment.106 Mrs. Ramírez questioned the manner in which the studies on their situation had been conducted, as they were based on the testimony of neighbors who were not even identified by name.107 She indicated that there was no study to indicate that she did not feed her children.108 She also stated that the person who took care of her children, Ana Delmy Arias, had reportedly left them alone intentionally and maliciously.109 She maintained that “She was the one who planned all of this as a new form of kidnapping, since on more than one occasion she had told me that the boys could be given up for adoption 98 Annex 11. Order of the Trial and Family Court of Sacatepéquez, May 26, 1998. 99 Annex 11. Order of the Trial and Family Court of Sacatepéquez, May 26, 1998. 100 Annex 9. Notarial instruments 72 and 74 of June 2, 1998, authorized by Notary Public Rafael Morales Solares. 101 Annex 9. Notarial instruments 72 and 74 of June 2, 1998, authorized by Notary Public Rafael Morales Solares. 102 Annex 12. Marginal notes to Certificate No. 4519, Book No. 82-G, page 19, of the Office of Vital Records of the Capital of Guatemala. Marginal notes to Certificate No. 284, Book No. 193-G, page 172, of the Office of Vital Records of the Municipality of Guatemala, Book No. 193-G, Certificate No. 284, page 172. 103 Annex 13. Video “Guatemala: Osmín Ricardo Tobar Ramírez (Rico Borz) returns to his family.” Available at: https://www.youtube.com/watch?v=IEkmpGNGyz0 104 Annex 13. Video “Guatemala: Osmín Ricardo Tobar Ramírez (Rico Borz) returns to his family.” Available at: https://www.youtube.com/watch?v=IEkmpGNGyz0 105 Annex 13. Video “Guatemala: Osmín Ricardo Tobar Ramírez (Rico Borz) returns to his family.” Available at: https://www.youtube.com/watch?v=IEkmpGNGyz0 106 Annex 4. Brief of Mrs. Flor de Maria Ramírez filing a motion for review, August 25, 1997. Case file 2663-96. 107 Annex 4. Brief of Mrs. Flor de Maria Ramírez filing a motion for review, August 25, 1997. Case file 2663-96. 108 Annex 4. Brief of Mrs. Flor de Maria Ramírez filing a motion for review, August 25, 1997. Case file 2663-96. Annex 4. Brief of Mrs. Flor de Maria Ramírez filing a motion for review, August 25, 1997. Case file 2663-96. Annex 1 to the petitioners’ communication dated August 1, 2006. 109 14

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