abandonment of Osmín by his father and called into question the reason for which Mr. Tobar only recently
appeared to assert his claim.162
97.
On March 21, 2000, the court asked the Office of the Attorney General to submit information
regarding J.R., and sent an official letter to the Office of Vital Records asking that it “report whether the birth
certificates [of the Ramírez boys] had been amended.”163 On May 18, 2000, the Office of Vital Records sent
copies of the respective certificates to the court, which documented the adoption of the Ramírez boys in the
marginal notes of the certificates.164
98.
On June 20, 2000 the Juvenile Trial Court issued a ruling partially amending the proceedings
and setting aside “the proceedings held subsequent to the decision of August 25, 1997.”165 The court
established that multiple substantive errors had been committed in the processing of this case, to the
detriment of the constitutional guarantees and rights to which Mrs. Flor de Maria Ramírez Escobar is entitled
as a party to the case; it also found that the legal formalities of due process had been violated.166
99.
The court cited: (i) the lack of an opportunity for Mrs. Ramírez to submit evidence after filing
the motion for review; (ii) the absence of notice of several decisions between 1997 and 1999; and (iii) the
existence of several pleadings filed by Mrs. Ramírez that were not adjudicated.167
100.
On July 10, 2000, Judge Eduardo Maldonado of the Juvenile Trial Court (the judge who issued
the order of June 20, 2000) recused himself from the case.168 He maintained that “phone calls have been
received on several occasions (…) with intimidating language.”169 He added that the callers “have demanded
that the case be decided in their favor, and have stated that they have the support of an international body.”170
101.
On August 29, 2000, Mrs. Ramírez and Mr. Tobar requested to have a single representative
appointed to them before the same Court of Jutiapa.171 They also asked the court to grant the initial motion
for review in order to set aside the declaration of abandonment in accordance with the decision of the
Constitutional Amparo Court.172 Accordingly, they asked the court “to order the return of [their] children
under the supervision of the social services unit of this Court.”173
102.
The same day, the court granted the request to appoint a single legal representative for both
parents.174 On October 13, 2000, the Judicial Coordination Office for the Juvenile Courts assigned the case to
the Chimaltenango Trial Court.175
162 Annex 33. Guatemala Children’s Association, detailed report of December 31, 1998, filed with the First 24-Hour Criminal
Magistrate’s Court, Judge Marco Vinicio González de León.
163
Annex 34, exhibit 1. Order, Juvenile Trial Court, Department of Jutiapa, March 21, 2000, case file 421-99.
164
Annex 34, exhibit 1. Order, Juvenile Trial Court, Department of Jutiapa, March 21, 2000, case file 421-99.
165
Annex 35. Order, Juvenile Trial Court for the Department of Jutiapa, June 20, 2000, case file. 421-99.
166
Annex 35. Order, Juvenile Trial Court for the Department of Jutiapa, June 20, 2000, case file. 421-99.
167
Annex 35. Order, Juvenile Trial Court for the Department of Jutiapa, June 20, 2000, case file. 421-99.
168
Annex 36. Recusal order, Juvenile Trial Court, Department of Jutiapa, July 10, 2000, case file 421-99. Annex 2.3.
169
Annex 36. Recusal order, Juvenile Trial Court, Department of Jutiapa, July 10, 2000, case file 421-99. Annex 2.3.
170
Annex 36. Recusal order, Juvenile Trial Court, Department of Jutiapa, July 10, 2000, case file 421-99. Annex 2.3.
Annex 37. Brief filed by Mrs. Ramírez and Mr. Tobar with the Juvenile Trial Court for the Department of Jutiapa, August 29,
2000, case file 421-99. Annex 2.4.
171
172 Annex 37. Brief filed by Mrs. Ramírez and Mr. Tobar with the Juvenile Trial Court for the Department of Jutiapa, August 29,
2000, case file 421-99. Annex 2.4.
173 Annex 37. Brief filed by Mrs. Ramírez and Mr. Tobar with the Juvenile Trial Court for the Department of Jutiapa, August 29,
2000, case file 421-99. Annex 2.4.
174
Annex 37. Order, Juvenile Trial Court for the Department of Jutiapa, August 29, 2000, case file 421-99.
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