GENEVA - Allegations that at least 80 Indigenous children were subjected to illegal intercountry adoptions after being institutionalised at the "Hogar Temporal Elisa Martínez" following their capture and enforced disappearance between 1968 and 1996 in Guatemala are gravely concerning, UN experts* said today.
"We are particularly troubled that no prompt, thorough, independent and impartial investigation has been conducted into the alleged involvement of some State authorities in these processes and that mothers affected by these illegal adoptions have reportedly not received adequate recognition or reparations," the experts said.
Illegal adoptions may occur through a range of illicit acts or unlawful practices, including fraud in the declaration of adoptability, falsification of official documents, coercion or lack of free and informed consent of biological parents and improper financial gain for intermediaries.
The experts called for independent investigations into the allegations that in this process of illegal inter-country adoptions, public officials were allegedly involved , including former Director/Administrator María Consuelo Porras Argueta, current Attorney General and Head of the Public Prosecutor's Office of Guatemala, who reportedly served as the children's "legal guardian" from 21 January to 30 August 1982.
The experts recalled that there is an ongoing judicial appointment process and urged all actors to exercise caution in view of these very serious allegations that are yet to be investigated. They noted that Porras Argueta is currently running for election to the Constitutional Court and may run for re-election as Attorney General this week.
"All individuals against whom there are credible allegations of conduct incompatible with human rights standards, especially those who have held decision-making authority relevant to criminalisation or human rights violations, should not be shortlisted or appointed pending independent and thorough investigation of those allegations" the experts said.
"Victims have the right to access all available remedies under international and national law, including judicial and non-judicial mechanisms, truth-seeking initiatives, criminal prosecutions, reparations and guarantees of non-repetition."
The experts said States have an obligation under international human rights law to prevent, investigate, punish and redress violations related to illegal inter-country adoptions and enforced disappearances, and to ensure that victims and their families are able to fully exercise their rights to truth, justice and reparation.
The experts are in contact with Guatemalan authorities in this regard.
