collecting her entitlement payments. It added that, consequently, Mrs. Maldonado may no longer institute
labor litigation proceedings in the courts of justice seeking that the Human Rights Ombudsman be ordered to:
(i) pay the entitlement payments and wages that she ceased to receive during the time that she stopped
working; or (ii) reinstate her in her previous position.
32.
Finally, the State held that the statute of limitations had run on Mrs. Maldonado's right to
contest her dismissal and that, therefore, she was unable to present any claim via legal proceedings. The State
said that the alleged victim “lost time invoking remedies in the wrong jurisdiction.”
IV.
ANALYSIS OF MERITS
A.
Established facts
1.
Olga Maldonado Ordóñez and her separation from office
33.
Olga Maldonado Ordóñez is a social worker and was 56 years old at the time of the facts
alleged in the petition.2 On April 1, 1982, she began working at the Office of the Human Rights Ombudsman as
a technical officer in the education department. 3 Subsequently, Mrs. Maldonado held a regular position as an
educator at the Office of the Ombudsman in the Department of Quetzaltenango until February 15, 2000. 4
Later, Mrs. Maldonado became a departmental assistant at the Office of the Human Rights Ombudsman in
Quiché Department.5 Under Article 275 of the Constitution of Guatemala, the Human Rights Ombudsman has
the following powers:
a. To promote the adequate functioning and expediting of government administration in
matters of human rights;
b. To investigate and denounce administrative behavior that is detrimental to the interests of
persons;
c. To investigate every type of denunciation that may be brought by any person regarding
human rights violations;
d. To recommend privately or publicly to officials the modification of administrative conduct
which has been objected to; e. To publicly censure acts or conduct that are contrary to
constitutional rights;
f. To bring judicial or administrative actions or remedies, in cases where it is appropriate;
and
g. Such other functions and powers as may be assigned to him by law.6
34.
On February 21, 2000, Marco Tulio, Joel Enrique, José Roberto, and Oscar Armado
Maldonado Ordóñez, siblings of the alleged victim, presented a written communication to the Human Rights
Ombudsman.7 According to the Ombudsman, that communication was regarded by the latter as a complaint
in which the alleged victim was accused of having falsified notarized document No. 470 of October 11, 1994,
2 Annex 1. Letter to the Human Rights Ombudsman from Olga Maldonado Ordóñez, dated June 2, 2000. Appendix 2 to the
initial petition of July 16, 2002.
3 Annex 1. Letter to the Human Rights Ombudsman from Olga Maldonado Ordóñez, dated June 2, 2000. Appendix 2 to the
initial petition of July 15, 2002.
4
Annex 2. Decision No. 81-2000 of the Human Rights Ombudsman, May 16, 2000. Appendix 1 to the initial petition of July 15,
5
Annex 2. Decision No. 81-2000 of the Human Rights Ombudsman, May 16, 2000. Appendix 1 to the initial petition of July 15,
2002.
2002.
6
Annex
3.
Constitution
of
Guatemala.
http://www.oas.org/juridico/MLA/sp/gtm/sp_gtm-int-text-const.pdf
Free
translation.
Available
in
Spanish
at:
7 Annex 2. Decision No. 81-2000 of the Human Rights Ombudsman, May 16, 2000. Appendix 1 to the initial petition of July 15,
2002. See also: State’s brief of October 17, 2011
5