- 43 - Ruling of the Juvenile Trial Court of the department of Chimaltenango of November 7, 2000 (evidence file, folio 4588). 255 Cf. Ruling of the Juvenile Trial Court of the department of Chimaltenango of November 7, 2000 (evidence file, folios 4589 and 4590). 256 257 Cf. Statement by Mrs. Ramírez Escobar on November 28, 2000 (evidence file, folios 4569 to 4571). 258 Cf. Statement by Mr. Tobar Fajardo on December 6, 2000 (evidence file, folios 4560 to 4563). Cf. Psychological assessment of Gustavo Tobar Fajardo of January 9, 2001 (evidence file, folio 4552), and Psychological assessment of Flor de María Ramírez Escobar of January 9, 2001 (evidence file, folio 4551). 259 Cf. Social study of Flor de María Ramírez Escobar prepared by a court social worker on March 13, 2001 (evidence files, folios 4537 to 4540), and social study of Gustavo Tobar Fajardo prepared by the court social worker on March 7, 2001 (evidence files, folios 4541 to 4543). 260 The psychological assessment of Mrs. Ramírez Escobar concluded that: “Mrs. Ramírez has emotional problems derived from traumatic experiences and from inadequate paternal care during her infancy […] which, however, and taking advantage of the love she has for her children, can be treated and overcome with psychotherapy, because she shows no signs of resistance to this.” Psychological assessment of Flor de María Ramírez Escobar of January 9, 2001 (evidence file, folio 4551). The psychological assessment of Mr. Tobar Fajardo concluded that: “Mr. Tobar suffers from some emotional problems […] in reaction to the loss of his son, which only require brief therapeutic support, because the emotional support provided by his partner keeps him fairly stable, emotionally speaking. Also, it is to be hoped that when he again has his son, and his son’s brother, if this were the case, those emotional problems would be totally overcome.” Psychological assessment of Gustavo Tobar Fajardo of January 9, 2001 (evidence file, folio 4552). 261 Regarding Flor de María Ramírez Escobar, the social study concluded that: “Flor de María [Ramírez] Escobar […], has always demonstrated great interest in recovering her children, she is aware that the father of the older boy also wants to recover him, a situation with which she is in complete agreement. Her financial situation and living conditions cannot be considered a limiting factor for access to one or both children because the most important point is her constancy and interest in recovering her children. In addition, no social problems were found that could put the children at risk if they were to be handed over; therefore, it is considered appropriate to take into account the request filed by the mother of the children; however, the pertinent decision is left to the judge’s discretion.” Social study of Flor de María Ramírez Escobar prepared by a court social worker on March 13, 2001 (evidence files, folios 4539 and 4540). Regarding Gustavo Tobar Fajardo, the social study concluded that: “Gustavo Amílcar Tobar Fajardo shows great interest in recovering his minor child, Osmín Ricardo Amílcar Tobar Ramírez, and the latter’s younger brother, owing to the evident excellent relationship between them when they lived with their mother. To this end, he says that he is supported by his current partner who agrees to take responsibility for the two children and care for them as her own children. Taking into account that there are no social problems that would not allow or that would limit the right of the children to remain with their parents, it is considered appropriate to take into account the request filed by the subject of the report; however, the pertinent decision is left to the judge’s discretion.” Social study on Gustavo Tobar Fajardo prepared by the court social worker on March 7, 2001 (evidence files, folio 4543). 262 Cf. Report of the Criminal Investigation Service of the National Civil Police of June 4, 2001 (evidence file, folio 4532 a 4534). 263

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