56
abduction and illegal retention by the kaibil Santos Lopez Alonso, was maintained
until 2002, when he recovered the name given to him by his parents.
195. The Court considers that the State had the obligation to adopt all positive
measures necessary to guarantee that Ramiro Osorio Cristales could fully enjoy the
right to live with his biological family, as well as his right to the name given to him by
his parents. These rights, and the corresponding obligation by the State to guarantee
that their enjoyment and exercise are permanent, exist for the State since May 25,
1978 when Guatemala ratified the American Convention. However, this Court will rule
on a possible violation of these rights only after March 9, 1987, date when the State
recognized this Court’s jurisdiction, based on the factual situation existing after that
date.
196. As the Court has already established, the State was aware of the existence of
Ramiro Osorio Cristales and of the situation he was in (supra para. 181 and 182)
However, until 1999 it omitted every measure to guarantee Ramiro Osorio Cristales
his rights to a family and to a name.
197. The Court reiterates that, according to the rules on the international
responsibility of the State applicable in International Law on Human Rights, the
action or omission by any public authority constitutes an act attributable to the State
that compromises its responsibility under the terms established in the American
Convention223. In these provisions, in order to establish whether there has been a
violation of the rights set forth in Convention, it is not necessary to determine, as in
the domestic criminal law, the guilt of the perpetrators or their premeditation, and it
is also not necessary to individually identify the agents to whom the violations are
attributable224. It is sufficient to have an obligation by the State which it has failed to
comply with225.
198. Although in 1999 the State approached Ramiro Osorio Cristales requesting his
statement as evidence produced before trial on the events of the Las Dos Erres
Massacre, 226 prior to that date it had not performed any activity meant to reunite
him with his biological family or return his name and identity. This omission by the
State delayed and even denied Ramiro Osorio Cristales the opportunity to reestablish
ties with his family and to recover his name and last names. It thus failed to comply
with the obligation to adopt positive measures to promote the family unit, to ensure
the full enjoyment and exercise of the right to a family, and to guarantee Ramiro
Osorio Cristales’ right to the name, which, as a means of personal identification and
relation to the person’s biological family, particularly affects his private and family
life. This failure to comply is particularly grave because it is part of a systematic
pattern of tolerance and lack of interest by the State, which did not adopt the
necessary positive measures for at least two decades.
223
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra note 30, para. 164; Case of Perozo et
al. v. Venezuela, supra note 31, para. 120, and Case of Anzualdo Castro v. Peru, supra note 28, para. 37.
224
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra note 30, para. 173; Case of Perozo et
al. v. Venezuela, supra note 31, para. 128, and Case of Kawas Fernández v. Honduras, supra note 21,
para. 73.
225
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra note 30, para. 134 and 172; Case of
Zambrano Vélez et al v. Ecuador, supra note 109, para. 104, and Case of Kawas Fernández v. Honduras,
supra note 21, para. 73.
226
The alleged activity by the State to locate Ramiro Osorio Cristales in 1999 was questioned by him
in his statements during the private hearing. According to these statements, the initiative and mian
activity that led to finding him 1999 was by FAMDEGUA, not by the State. In this regard, several reports
indicated that the national authorities did not take measures to establish the identity and whereabouts of
the “adopted” children, which remained separated from their biological family and registered with the
names of their “adoptive” families, until their families, or FAMDEGUA in a lot of cases, were able to find
them after years of searching for them.
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