116. On June 20, 2002, the court requested Mr. Tobar to indicate "whether he was willing to pay in the Ministry of Foreign Affairs the expenses incurred as a result of the summons for the adoptive parents of the minors to appear (…) otherwise the present case file would be shelved because it cannot continue to be processed.”208 117. On August 2, 2002, Mr. Tobar submitted a writ indicating that, after looking for financial support, he could cover "any expense that might arise in this case and that are outside the purview of that court (…) [such as] everything that is connected with the payment of sworn translators and similar expenses.”209 On August 20, 2002, the court requested Mr. Tobar to appear on September 10 of that same year "with respect to the proceedings which must be filed with the Ministry of Foreign Affairs.”210 118. On September 19, 2002, the court shelved the case.211 It deemed that "because Mr. Gustavo Amílcar Tobar Fajardo has not, to date, paid for the expenses described in the ruling of June 20, 2002 and that the legal status of the child J.R. and the adolescent Osmín Ricardo Amílcar Tobar Ramírez was resolved in due time, the judge ordered the shelving of the present proceedings, because they could not be processed.”212 3.1. Threats, aggression, and persecution against Gustavo Tobar Fajardo 119. On April 1, 2009, Mr. Gustavo Tobar Fajardo filed a complaint with the Office of the Human Rights Ombudsman for assaults and threats made by anonymous armed persons in 2001 and 2009 in order to intimidate him and prevent the continuation of the case213. He urgently requested the State to adopt measures of security in order to be protected against the above-mentioned aggression.214 120. In his complaint, Mr. Tobar stated that, during the period of time that appeals were being filed to challenge the judicial declaration of abandonment of the Ramírez children, he was the target of "aggression and persecution by persons directly involved in the events of the irregular adoption.”215 He claimed that, in 2001, he was stabbed by a unknown individual who "warned him of the danger he risked if he continued with the case.”216 121. Mr. Tobar also stated that, on March 16, 2009, two anonymous armed persons went to his home in motor vehicles with tinted windows.217 He contended that these persons knocked at the door of his home and another person opened the door and informed that Mr. Tobar was not at home.218 He indicated that 208 Annex 50. Order, Juvenile Trial Court of the Department of Chimaltenango, June 20, 2002, Case file 183-2000. 209 Annex 51. Brief submitted by Mr. Gustavo Tobar to the Court of Chimaltenango on August 2, 2002. 210 Annex 52. Order for processing, Juvenile Trial Court of the Department of Chimaltenango, Case file 183-2000, August 20, 211 Annex 53. Ruling, Juvenile Trial Court of the Department of Chimaltenango, September 19, 2002, Case file 183-2000. 212 Annex 53. Ruling, Juvenile Trial Court of the Department of Chimaltenango, September 19, 2002, Case file 183-2000. 2002. Annex 54. Brief submitted to the Office of the Human Rights Ombudsman, received on April 1, 2009. Annex 4 to the communication of the petitioners of July 19, 2013. 213 214 Annex 54. Brief submitted to the Office of the Human Rights Ombudsman, received on April 1, 2009. Annex 4 to the communication of the petitioners of July 19, 2013. 215 Annex 54. Brief submitted to the Office of the Human Rights Ombudsman, received on April 1, 2009. Annex 4 to the communication of the petitioners of July 19, 2013. 216 Annex 54. Brief submitted to the Office of the Human Rights Ombudsman, received on April 1, 2009. Annex 4 to the communication of the petitioners of July 19, 2013. 217 Annex 54. Brief submitted to the Office of the Human Rights Ombudsman, received on April 1, 2009. Annex 4 to the communication of the petitioners of July 19, 2013. 218 Annex 54. Brief submitted to the Office of the Human Rights Ombudsman, received on April 1, 2009. Annex 4 to the communication of the petitioners of July 19, 2013. 23

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