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VII
FACTS
A. Context of irregular adoptions in Guatemala at the time of the events
Throughout this judgment, the Court will refer to Osmín Tobar Ramírez and to J.R. as “the Ramírez brothers” or
“the Ramírez children” to refer to them together, since it is the last name they share. For the same reason, it will refer
to the family unit they formed with their biological mother, Flor de María Ramírez Escobar, and the biological father of
Osmín Tobar Ramírez, Gustavo Tobar Fajardo, as “the Ramírez family.”
36
Cf. CICIG, Informe sobre actores involucrados en el proceso de adopciones irregulares en Guatemala a partir de la
entrada en vigor de la Ley de Adopciones (Decreto 77-2007), December 1, 2010 (hereinafter “CICIG, Report on irregular
adoptions in Guatemala”), pp. 26 and 27 (evidence file, folios 3023 and 3024).
37
Cf. Commission on Human Rights, Report of the Special Rapporteur on the sale of children, child prostitution and
child pornography, Ms. Ofelia Calcetas Santos, Addendum, Mission to Guatemala (July 19 to 30, 1999), January 27,
2000, UN Doc. E/CN.4/2000/73/Add.2 (hereinafter “Report of the Special Rapporteur on the sale of children, child
prostitution and child pornography following the July 1999 visit”), para. 11 (evidence file, folio 2729).
38
Report of the Special Rapporteur on the sale of children, child prostitution and child pornography following the July
1999 visit, UN Doc. E/CN.4/2000/73/Add.2, para. 12 (evidence file, folio 2730), and expert opinion of Carolina Pimentel
González provided by affidavit on May 16, 2017 (evidence file, folio 7280).
39
Cf. CICIG, Report on irregular adoptions in Guatemala, p. 23 (evidence file, folio 3020). See, similarly, written
version of the expert opinion provided by Jaime Tecú during the public hearing held before this Court (merits report,
folio 1098).
40
41
CICIG, Report on irregular adoptions in Guatemala, p. 18 (evidence file, folio 3015).
Cf. Expert opinion of Carolina Pimentel González provided by affidavit on May 16, 2017 (evidence file, folio 7278).
In addition, expert witness Nigel Cantwell indicated that “[i]n some countries [such as Guatemala], lawyers and
notaries, social workers (even, in some case, those appointed by the courts), hospitals, doctors, and childcare institutes
42