to a family that would give me good money, that she could check with the lawyers she knows and that they
would give her part of the money.”110
77.
In addition, Mrs. Ramírez argued that there was no reliable evidence of abandonment,
neglect, or abuse, and that there were no efforts to achieve the family reintegration111 She maintained that
“there is no forensic medical information on the record to prove that point, that is, that the boys were
malnourished at the time they were taken by the authorities without consultation.”112 She also stated that
“[she] could demonstrate with documentation (…) that [she has] always taken care of [her] boys, [and that]
[she] sent the older boy to school from nursery school to first grade.”113
78.
That same day, the court issued an order to proceed with the motion and ordered that the
Office of the Attorney General be granted a hearing.114 On September 12, 1997, the Juvenile Legal Assistance
Section of the Office of the Attorney General stated that Mrs. Ramírez “said that the neighbors and individuals
who reported her were telling lies, but throughout the investigation there was evidence to the contrary.”115 It
asked the court to uphold the order on appeal.116
79.
On September 23, 1997, the court ruled that the motion for review lacked merit.117 It
indicated that “The case record reflects that none of the relatives of those minor children qualifies to be
entrusted with their care, and therefore the motion for review is unfounded.”118
80.
On September 26, 1997, Mrs. Ramírez filed a motion for reconsideration challenging the
court’s decisions of August 25 and September 23, 1997.119 She alleged the violation of due process insofar as
she had received late notice of both decisions.120 She maintained that the motion for review was not
adjudicated through the proper proceedings, according to the Juvenile Code121 and the Judiciary Law,122
because evidence was not taken.123
110 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.
111 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.
112 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.
113 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.
114 Annex 4. Order to proceed, First Juvenile Trial Court, Guatemala, August 25, 1997, case file 2663-96. Annex 1.3 to the
petitioners’ communication dated August 1, 2006.
115 Annex 4. Brief, Juvenile Legal Assistance Section, Office of the Attorney General of Guatemala, September 12, 1997, case file
2663-96. Annex 1 to the petitioners’ communication dated August 1, 2006.
116 Annex 4. Brief, Juvenile Legal Assistance Section, Office of the Attorney General of Guatemala, September 12, 1997, case file
2663-96. Annex 1 to the petitioners’ communication dated August 1, 2006.
117 Annex 4. Order, First Juvenile Trial Court, Guatemala, September 23, 1997, case file 2663-96. Annex 1.3 to the petitioners’
communication dated August 1, 2006.
118 Annex 4. Order, First Juvenile Trial Court, Guatemala, September 23, 1997, case file 2663-96. Annex 1.3 to the petitioners’
communication dated August 1, 2006.
119
Annex 4. Brief of Mrs. Flor de Maria Ramírez filing a motion for reconsideration, September 26, 1997, case file 2663-96.
120
Annex 4. Brief of Mrs. Flor de Maria Ramírez filing a motion for reconsideration, September 26, 1997, case file 2663-96.
121 Juvenile Code: Article 46 (Review). Every order for the placement of a minor in an establishment or institution for purposes
of foster care or probation is subject to review at the request of the establishment’s director or the person to whom the minor has been
entrusted, the parents or guardians, or the Head of the Juvenile Legal Assistance Section of the Office of the Attorney General. The
Juvenile court judge shall adjudicate the matter immediately.
122 Judiciary Law: Article 138. Procedure. (Amended by Article 8 of Decree Law 112-97). Upon the filing of a motion, the other
interested parties, if any, shall be granted a hearing, for a period of two days. (…). Article 139. Evidence. (Amended by Article 9 of Decree
Law 112-97). In the event that the motion raises questions of fact, the Judge, at the end of the hearing deadline, will order the admission
[continúa…]
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