Umaña in various courts, they have refused to hear the case, claiming that they are being victims of threats
from so-called anonymous phone calls so that they will not process their case.”196
111.
On August 30, 2001, a hearing convened by the court was held.197 The parents requested that
the Ramírez children "be returned to their home" and expressed their wish that "they be told that they had
parents and that their parents did everything possible to find them.”198 They also indicated that, in the event
the children did not want to come back "they would respect their opinion, and would even come to an
agreement with the adoptive family.”199 They stressed that, to decide upon the future of the Ramírez brothers,
it was necessary to meet their children again and "have contact with them and with the persons in whose
custody they are now in and, if necessary, to settle this situation at that time.”200
112.
The following day, the court decided to file a letter of request with the United States
Embassy to call upon the two adoptive families (Richard Anthony Borz and Kathleen Mary Richards de Borz;
and T.B. and J.B.) on November 15, 2001 so that they could make their statements.201 The court contended
that it is "necessary to listen to the point of view of the minors being referred to in order to determine their
interest and definition so that they can indicate with which of their parents they wish to stay.”202
113.
It indicated that it “is necessary for them [the children] to be aware that their biological
parents are expressing their wish to recover them if that is appropriate, since they still object to the fact that
they had been given up for adoption without their consent, and the ruling on the appeal for review filed by
the above-mentioned persons is currently pending in the file on the merits of the case, which claims that
there were anomalies in the processing of the related case which led to the adoption of the above-mentioned
children.”203
114.
On November 15, 2001, the court indicated that the adoptive families and the Ramírez
brothers did not appear on the date that had been set.204 It claimed it did not know the reasons for their
failure to appear.205
115.
On December 6, 2001, the Ministry of Foreign Affairs informed the Supreme Court of Justice
that the letter of request issued by the court of Chimaltenango was not received by the United States Embassy
in Guatemala.206 It contended that this request "must be filed in that country, in compliance with the
principles of the Inter-American Convention on Letters Rogatory and Additional Protocol.”207
196 Annex 45. National Civilian Police Force of Guatemala, Criminal Investigation Service, Juveniles and Missing Persons
Section, Investigator Gilberto Arturo Salas Tornez, Report of June 4, 2001.
197 Annex 46. Minutes of the hearing held on August 30, 2001, Juvenile Trial Court of the Department of Chimaltenango, Case
File 183-2000.
198 Annex 46. Minutes of the hearing held on August 30, 2001, Juvenile Trial Court of the Department of Chimaltenango, Case
File 183-2000.
199 Annex 46. Minutes of the hearing held on August 30, 2001, Juvenile Trial Court of the Department of Chimaltenango, Case
File 183-2000.
200 Annex 46. Minutes of the hearing held on August 30, 2001, Juvenile Trial Court of the Department of Chimaltenango, Case
File 183-2000.
201
Annex 47. Ruling, Juvenile Trial Court of the Department of Chimaltenango, Case File 183-2000, August 31, 2001.
202
Annex 47. Ruling, Juvenile Trial Court of the Department of Chimaltenango, Case File 183-2000, August 31, 2001.
203
Annex 47. Ruling, Juvenile Trial Court of the Department of Chimaltenango, Case File 183-2000, August 31, 2001.
204
Annex 48. Ruling, Juvenile Trial Court of the Department of Chimaltenango, Case File 183-2000, November 15, 2001.
Annex 2.12.
205
Annex 48. Ruling, Juvenile Trial Court of the Department of Chimaltenango, Case File 183-2000, November 15, 2001.
206 Annex 49, exhibit 1. Letter from the Ministry of Foreign Affairs addressed to the Supreme Court of Justice, dated November
29, 2001, received by the Court on December 6, 2001, referring to Petition No. 79-2001.
207 Annex 49, exhibit 1. Letter from the Ministry of Foreign Affairs addressed to the Supreme Court of Justice, dated November
29, 2001, received by the Court on December 6, 2001, referring to Petition No. 79-2001.
22