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Cf. Social Welfare Secretariat, Human Rights Office of the Archbishopric of Guatemala and others, “Adopciones en
Guatemala ¿protección o mercado?”, November 2007 (evidence file, folio 3139).
66
CICIG, Report on irregular adoptions in Guatemala, p. 41 (evidence file, folio 3038), and expert opinion provided
by Jaime Tecú during the public hearing held before this Court.
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The Constitutional Court argued that it was the President of the Republic who had acceded to that convention and
that the reservations made by Guatemala to articles 11 and 12 of the Vienna Convention on the Law of Treaties
excluded all forms of the expression of the will of the State to be bound by a treaty other than signature or ratification.
Cf. CICIG, Report on irregular adoptions in Guatemala, pp. 18 and 19 (evidence file, folios 3015 and 3016), and
Constitutional Court, Decision on general and total unconstitutionality of Decree 50-2002 adopting the Hague Convention
on Protection of Children and Cooperation in Respect of Intercountry Adoption. Accumulated files Nos. 1555-2002 and
1808–2002, August 13, 2003 (merits report, folio 1112).
68
69
CICIG, Report on irregular adoptions in Guatemala, p. 19 (evidence file, folio 3016).
Cf. CICIG, Report on irregular adoptions in Guatemala, pp. 20 and 21 (evidence file, folios 3017 and 3018), and
Adoption Act, Decree No. 77-2007 of December 2007, arts. 17, 23, 35, 43 and 49 to 52 (evidence file, folios 3195
3215).
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CICIG, Report on irregular adoptions in Guatemala, p. 43 (evidence file, folio 3040). The CICIG indicated that, in
many cases, the irregularities committed constituted offenses defined in the Guatemalan Criminal Code. However, the
failure to investigate cases of human trafficking for the purpose of illegal adoption, as well as the failure to respect the
best interests of the child, led to the situation remaining in impunity for many years. Currently, the Guatemalan Criminal
Code includes the definition of the offense of human trafficking for the purpose of irregular adoptions, as well as other
related conducts, such as irregular adoptions and the irregular processing of adoptions. The CICIG also stressed that “it
is important to recall that, in addition, the actions of the adoption networks frequently include a series of offenses, such
as asset-laundering, active and passive bribery, and document tampering, to mention just a few.” CICIG, Report on
irregular adoptions in Guatemala, pp. 20 and 22 (evidence file, folios 3017 and 3019).
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Cf. CICIG, Report on irregular adoptions in Guatemala, p. 43 (evidence file, folio 3040), and Report of the Human
Trafficking Prosecutor of June 2, 2017 (evidence file, folio 7698).
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