103.
On November 6, 2000, the parents asked the new court handling the case to amend the
proceedings.176 They argued that they were not given a sufficient opportunity to demonstrate that they were
able to care for the children.177 They stated that “it is completely unwarranted for both boys to be declared
abandoned (…) there was no delay whatsoever in the case from the time our sons were removed from the
home until they were declared abandoned (7 months).”178 They requested that the court order the return of
the boys to their home while the matter was being resolved.179
104.
The parents later stated that Mrs. Ramírez had left her children in the care of Ana Delmi
Arias while she was at work.180 They stated that the alleged abuse and neglect of the Ramírez boys was not
proven.181 They further alleged that Mr. Tobar was not allowed to participate as a party to the proceedings.182
Finally, they added that the case was affected by the pressure exerted by Mrs. Umaña, the then-director of the
Association Residence.183
105.
They also underscored that they knew that the children were given up for adoption in the
United States with a favorable ruling by the Attorney General's Office.184 Mrs. Ramírez stated that, in
November 1996, she was the target of an attempted rape by a brother-in-law of Ana Delmy Arias, the lady
taking care of her children.185
106.
On November 7, 2000, the court ruled that the appeal to review the case was admissible.186
In its ruling, it indicated that the parents were not "given enough the opportunity to show that they
constituted a suitable family, emotional, and psychological resource for their (…) children.”187 The court
requested a social and psychological report on the parents of the Ramírez brothers.188
[… continuación]
175 Annex 38. Order issued by the Judicial Coordination Office for the Juvenile Courts, October 13, 2000. Annex 2.5.
176 Annex 39. Brief filed by Mrs. Ramírez and Mr. Tobar with the Juvenile Trial Court for the Department of Chimaltenango,
November 6, 2000, case file 183-00. Annex 2.7.
177 Annex 39. Brief filed by Mrs. Ramírez and Mr. Tobar with the Juvenile Trial Court for the Department of Chimaltenango,
November 6, 2000, case file 183-00.
178 Annex 39. Brief filed by Mrs. Ramírez and Mr. Tobar with the Juvenile Trial Court for the Department of Chimaltenango,
November 6, 2000, case file 183-00.
179 Annex 39. Brief filed by Mrs. Ramírez and Mr. Tobar with the Juvenile Trial Court for the Department of Chimaltenango,
November 6, 2000, case file 183-00.
180 Annex 40. Statement of Mrs. Flora de Maria Ramírez, November 28, 2000. Statement of Mr. Gustavo Tobar Fajardo,
December 6, 2000, Juvenile Trial Court for the Department of Chimaltenango, case file. 183-00.
181 Annex 40. Statement of Mrs. Flora de Maria Ramírez, November 28, 2000. Statement of Mr. Gustavo Tobar Fajardo,
December 6, 2000, Juvenile Trial Court for the Department of Chimaltenango, case file. 183-00.
182 Annex 40. Statement of Mrs. Flora de Maria Ramírez, November 28, 2000. Statement of Mr. Gustavo Tobar Fajardo,
December 6, 2000, Juvenile Trial Court for the Department of Chimaltenango, case file. 183-00.
183 Annex 40. Statement of Mrs. Flora de Maria Ramírez, November 28, 2000. Statement of Mr. Gustavo Tobar Fajardo,
December 6, 2000, Juvenile Trial Court for the Department of Chimaltenango, case file. 183-00.
184 Annex 40. Statement of Mrs. Flora de Maria Ramírez, November 28, 2000. Statement of Mr. Gustavo Tobar Fajardo,
December 6, 2000, Juvenile Trial Court for the Department of Chimaltenango, case file. 183-00.
185 Annex 40. Statement of Mrs. Flora de Maria Ramírez, November 28, 2000. Statement of Mr. Gustavo Tobar Fajardo,
December 6, 2000, Juvenile Trial Court for the Department of Chimaltenango, case file. 183-00.
186
Annex 41. Juvenile Trial Court of the Department of Chimaltenango, November 7, 2000. Annex 2.8.
187
Annex 41. Juvenile Trial Court of the Department of Chimaltenango, November 7, 2000. Annex 2.8.
188
Annex 41. Juvenile Trial Court of the Department of Chimaltenango, November 7, 2000. Annex 2.8.
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