113.
In view of the foregoing considerations as to the facts and law, the Commission concludes
that the State of Guatemala is responsible for violation of the rights to a fair trial and judicial protection and
the principle of legality recognized in Articles 8.1, 8.2, 9, and 25 of the American Convention on Human
Rights, in conjunction with Article 1.1 of said instrument, to the detriment of Olga Yolanda Maldonado
Ordóñez.
VI.
RECOMMENDATIONS
114.
Based on the above conclusions,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THAT THE STATE OF
GUATEMALA:
1.
Make full reparation to Mrs. Olga Maldonado for the violations declared in this report, which
should encompass both material and moral injuries.
2.
Expunge the effects of the penalty imposed on Mrs. Maldonado, including any adverse
entries on her disciplinary record.
3.
Adopt measures to avoid repetition, so as to ensure that civil servants in posts similar to that
of the victim in this case have clarity and recourse to effective remedies to challenge disciplinary proceedings
and penalties against them.
Signed in the original
Emilio Álvarez Icaza L.
Secretario Ejecutivo
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