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September 12, 2003

FINALLY!!!!!

(Posted with permission from Susana Luarca, Attorney at Law).

THE CONSTITUTIONAL COURT RULING
was published today in El Diario de Centro América, the official newspaper of the government. It will become effective tomorrow. We expect that with such publication,the gap opened by the illegal accession of Guatemala to the Hague Convention will be closed and everything will go back to normal. Although the ruling does not have a retroactive effect, the cases started between March 5th. and today, September 12, are protected by the ruling of the Court of Amparo. It will take a little more for the PGN to grasp the concept that everything that opposes the Constitution is null and void,and that they cannot base their rejections in a law that was ruled unconstitutional. The US embassy is poised to open again as soon as the rulling is effective.We expect that to happen sometime next week.

The director of the PGN has to sign all the back log before leaving his post. That means that many cases that were waiting for his signature will be released shortly.


Susana Luarca, Attorney at Law
Asociación Defensores de la Adopción,
Guatemala City.

Posted by Kelly at September 12, 2003 01:33 PM
Comments

Not to sound dim, but does this mean that people who accept a referral say 9/16 and on will have things proceed the way they did before this whole mess started?

Posted by: christine at September 12, 2003 02:20 PM

Praise God! This is great news! Let's pray that things will move quickly and we can have our babies home soon! Thank you for keeping us informed.

Rick and Julie Eggerding

Posted by: Julie at September 12, 2003 02:32 PM

Susanna

Thank you for your efforts.......

I have a question.....You said that "Although the ruling does not have a retroactive effect, the cases started between March 5th. and today, September 12, are protected by the ruling of the Court of Amparo." My attny still has not filed an amparo. How will my case be effected and will it be processed?

Posted by: Donna at September 12, 2003 02:47 PM

Hello! This sounds like great news! However, could someone who knows PLEASE clarify something for me. I am understanding from this post that cases started between 3/5 and 9/12 STILL need to have an amparo filed in order to be protected and processed. And so far pgn has not been processing these amparo protected cases, correct? So then what?? I am just a little confused. But very happy because no matter what...this is a step in the right direction! Thanks so much Susana!! Amy

Posted by: Amy at September 12, 2003 02:49 PM

HALLELUJAH!!!!!!!!
Thank you for all you have done to make this possible. I finally have real hope that my duaghter-to-be might be home with me by her first birthday in December.
Kathy

Posted by: Kathy at September 12, 2003 03:40 PM

Susana,
Thank You. You are a true hero to the the childrem of the world. Us parents all love you and aslo Kelly

Posted by: soon to be a father at September 12, 2003 05:03 PM

What wonderful news! But, could you please clarify the point about the CC decision not being retroactive, but the cases are protected by the Court of Amparos decision? This is a bit confusing to those of us without a legal background. Does this mean that ALL cases, regardless of whether they were covered under the 97-attorney amparo, are protected and will be processed?

Posted by: MJ at September 12, 2003 11:49 PM

I have the same question that everyone else has about the decison be retroactive?

It all sounds great! But,I just found out two weeks ago that I lost my referral after 6 months of waiting. They can not find the birth mom? So now I'm waiting on a new referral. According to my agancy that I will not loose where I'm at in the process. Which is the very begining. So who knows what that means? It has been two weeks for us waiting on new referral. I have read that other people on here have had this problem with the abodonement issue. How does that happen? WHy do they not have the birth mom sign off right away?
We are so frustrated!!

Posted by: Jamie at September 14, 2003 05:05 PM

Thank you!

I have a question about the Amparos. My case is post 3/5 but my attorney was NOT on the list of 97. To my knowledge, she has not filed an amparo. Am I covered by the 'big' amparo?

Thank you again! I can't say it enough.

Kelly

Posted by: Kelly at September 15, 2003 09:27 AM

Thanks for the only source of information I get. My agency said my attorney filed an amparo, but when we went to Guatemala to visit our child and met the attorney, he had not.
Will our case be able to be processed now?
My husband and I so appreciate your work.

Posted by: valerie at September 15, 2003 11:32 AM

you did it perfect. But as others, i am a bit lost by the non retroactive effect of the cc sentence.. my case ( a post 3/5 and pre 9/12)even covered by an amparo - my attorney (being one of the 97) seems to be blocked ?? what do we have to wait now? do we really need to put one of this pgn in jail..will it work? or do we still depend of their moon?
I want my little daughter home.

Posted by: graziella at September 15, 2003 02:46 PM

The sun was shining on the sea,
Shining with all his might:
He did his very best to make
The billows smooth and bright --
And this was very odd, because it was
The middle of the night.
-- Lewis Carroll, Through the Looking Glass

Posted by: Auto Insurance at November 1, 2004 11:01 PM