- 39 - 1998, which indicated that: “[a]t this time, an interlocutory proceeding initiated by the judge who issued the abandonment declaration is pending a decision; moreover, since the General Supervisor of Courts is also involved in this case […], his ruling is also pending”; therefore, “it was advisable that [the adoption] not be processed until the judicial remedies have been exhausted.” Report of the auxiliary agent of the Juvenile Department of the Attorney General’s Office on May 5, 1998 (evidence file, folios 4508 and 4509). 210 Cf. Adoption papers of June 2, 1998, with regard to Osmín Tobar Ramírez (evidence file, folio 125); and adoption papers of June 2, 1998, with regard to J.R. (evidence file, folio 117). Cf. Order of the Family Trial Court of the department of Sacatepéquez of May 26, 1998, with regard to Osmín Tobar Ramírez (evidence file, folios 6576 to 6579). The State was asked to provide the judicial decision on the adoption of J.R. as helpful evidence, but Guatemala failed to submit this and, therefore, the Court does not have the judicial decision authorizing the adoption of J.R.. 211 Order of the Family Trial Court of the department of Sacatepéquez of May 26, 1998 (evidence file, folios 6576 and 6577). 212 In this regard, the court indicated that “the case file contains a certification indicating that no appeal or notification is pending, so that this should be considered certain, as it is one of the characteristics of legal certainty that any judicial process should have, and the officials and employees who extended this certification are responsible for its content and, in any case, this opinion or report does not refer to which interlocutory proceeding it refers.” In addition, regarding the opinion pending from the General Supervisor of Courts, it indicated that this was “an administrative procedure and, above all, it would prejudice the official and not the processing of the file itself, which could be modified only and exclusively by judicial acts rather and not by administrative acts.” Ruling of the Family Trial Court of the department of Sacatepéquez of May 26, 1998 (evidence file, folios 6577 and 6578). 213 Order of the Family Trial Court of the department of Sacatepéquez of May 26, 1998 (evidence file, folios 6577 and 6578). As previously mentioned, the State was requested to provide the judicial decision on the adoption of J.R. as helpful evidence, but failed to provide this (supra nota 211). 214 Adoption papers of June 2, 1998, for Osmín Tobar Ramírez (evidence file, folios 123 to 128), and adoption papers of June 2, 1998, for J.R. (evidence file, folios 115 to 120). Even though the State was asked to provide as helpful evidence the studies prepared by the social workers attached to the Trial Court of Sacatepéquez, which are mentioned in the adoption papers, these were not provided to the case file. 215 Cf. Annotations in the margin of the birth registration, Record No. 4519 of the Civil Registry Book of the municipality of Guatemala (evidence file, folio 142). 216 Cf. Annotations in the margin. of the birth registration, Record No. 284 of the Civil Registry Book of the municipality of Guatemala (evidence file, folio 145). 217 218 Cf. Report of the President of Niños de Guatemala of December 31, 1998 (evidence file, folio 4639).

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