52 e) a DNA test in 1999 proved his kinship to his biological family,197 and f) on May 15, 2002 Ramiro Osorio Cristales changed his surnames in order to recover the name given to him by his parents.198 181. The Court notes, firstly, that the State has not claimed ignorance of these facts, and has not contested them. Additionally, the facts that generated the alleged violation, meaning the abduction and illegal retention of the child Ramiro Osorio Cristales were perpetrated by the Kaibil Santos López Alonso, a state agent. This kidnapping occurred within the framework of an official military operation, which was carried out by orders of the superior in command.199 Everything indicates that it happened publicly, and with the knowledge of his peers and superiors.200 Secondly, it has been proven that Ramiro Osorio Cristales walked with the kaibiles who perpetrated the massacre during several days through the mountains,201 and was picked up with them in helicopters of the armed forces, which took them to the school for kaibiles.202 Thirdly, Ramiro Osorio Cristales remained at that school for at least two months, with the knowledge of other kaibiles and superiors present, until the kaibil Santos López Alonso took him to his house.203 182. Additionally, the fact that there was a domestic proceeding on the Las Dos Erres Massacre as of 1994, in which Ramiro Osorio Cristales was asked to provide his testimony in 1999 as evidence produced before trial, is another element that proves that the State had knowledge of the existence of Ramiro Osorio Cristales and of his situation. Likewise, the Court finds that the facts of this case clearly fall within a systematic pattern of abduction and illegal retention of minors, perpetrated and tolerated by state actors. 183. Having established the facts related to the alleged violation of the rights of the family and right to a name, recognized in Articles 17, 18, and 19 of the American I’m not sure whether February 21 or 22 [1999], because I left Guatemala on February 23 for Canada. Meeting my family was very nice, knowing that I was not alone. Because I though that I was alone in this world. They had killed my parents, my brothers, and destroyed everything. I thought that I had no more family, but thank God I do have family, and it was very nice yet sad at the same time because I had to leave them.” Statement by Ramiro Osorio Cristales, supra note 182. Cf. Statement by Miguel Ángel Cristales, maternal grandfather, and Reina Montepeque, maternal grandmother of Ramiro Osorio Cristales provided on February 23, 1999 before the Public Prosecutor’s Office, supra note 67, fs. 3862 to 3866). 197 File of June 24, 1999 containing the results of the DNA affinity tests performed (Appendixes to the application, judicial file, pieces VI to XIII, appendix 29, f. 3854), and statement by Ramiro Osorio Cristales, supra note 182. 198 Statement by Ramiro Osorio Cristales, supra note 182, and certifícate of the government of Manitoba, Canada, which certifies the name change of Ramiro Fernando López to Ramiro Osorio Cristales on May 15, 2002 (file on preliminary objections, possible merits, reparations, and costs, evidence to facilitate adjudication of the case submitted by the representatives on September 11, 2009, Volume VI, f. 1163). 199 The former kaibil Flavio Pinzón Jerez, who participated in the massacre, indicated in his statement within the domestic proceeding that “[d]uring the first days of December all of the kaibiles patrol was gathered, and they told us what we had to do in “Las Dos Erres” […]. During the meeting they explained to us that they had orders to go to the community of “Las Dos Erres,” which was a conflictive area, and that we had to destroy the village, anything seen moving had to be killed.” Statement by Favio Pinzón Jerez provided on August 22, 1996 before a public notery (appendixes to the application, appendixes 1 to 16, f. 2873), and see also the testimony of César Franco Ibáñez, supra note 185, fs. 3895 to 3911. 200 Testimony of Flavio Pinzón Jerez, supra note 184, fs. 3906 and 3907. 201 Statement by Ramiro Osorio Cristales, supra note 182. 202 Statement by Ramiro Osorio Cristales, supra note 182. 203 Statement by Ramiro Osorio Cristales, supra note 182, and testimony of César Franco Ibáñez, supra note 185, f. 3903.