41. On May 31, 2001, Mrs. Maldonado received 11,727.48 quetzals from the Human Rights Ombudsman as (i) vacation pay for retirement prorated for the period from January 4 to May 17, 2000; (ii) annual bonus prorated for the period from July 1, 1999 to May 17, 2000; (iii) specific supplementary pay prorated for the period from March 1 to May 17, 2000; (iv) vacation bonus prorated for the period from March 1 to May 17, 2000; and (v) Christmas bonus. 27 On the voucher that the alleged victims signed it says: … this amount is for the worker entitlement payments … described for the services rendered, and therefore I voluntarily grant the Office of the Human Rights Ombudsman full, effective and final release of any and all claims for employment through civil, criminal, administrative, mercantile, or, in particular, labor proceedings.28 2. Remedies invoked and the response at the domestic level 2.1. Appeal to the Office of the Director of the National Civil Service Office 42. On May 22, 2000, Mrs. Maldonado filed an appeal with the Director of the National Civil Service Office.29 She contended that the causes mentioned by dismissal decision No. 81-2000 do not entail “any fault in service or situation that could compromise the Office of the Human Rights Ombudsman as an institution," but “a family dispute over [her] parents’ estate that could be dealt with differently, without turning the ... Ombudsman ... into judge and penalizer.” 30 43. In that regard, Olga Maldonado asked the National Civil Service Office to conduct an inquiry in order to declare her dismissal wrongful. Mrs. Maldonado based her position on Articles 80, 81, and 83 of the Civil Service Law. The texts of those provisions are as follows: Article 80. The claims referred to in Article 19.6 of this law and the others contained therein,31 must be pursued in the following manner: The interested party must submit the claims in writing to the director of the National Civil Service Office within three days after notification of the decision being challenged. Upon receipt of the submission, the director will refer it immediately to the National Civil Service Board, which must resolve the matter within 30 days. In cases of dismissal only, if the Board does not issue a decision within that time period, the administrative route will be deemed exhausted, and the petition rejected, whereupon the appellants may appeal to the divisions of the Labor and Social Security Court. Those tribunals shall decide the matter in accordance with normal labor procedures, at a single level of jurisdiction. In other cases covered by this law, the Board must decide any claim within the same period of 30 days, but its resolutions shall be deemed final and not subject to appeal. Article 81. Effects of the Decision. With respect to the dismissal, the National Civil Service Board must decide whether it is rightful or wrongful. In the case of the former, the appointing authority must immediately execute the respective decision unless it has already 27 Annex 12. Voucher Ref. DF-007-2001-megadev, dated May 31, 2001. Appendix to the State’s brief of June 25, 2004. 28 Annex 12. Voucher Ref. DF-007-2001-megadev, dated May 31, 2001. Appendix to the State’s brief of June 25, 2004. Annex 13. Brief presented to the National Civil Service Office by Olga Maldonado Ordóñez, dated May 22, 2000. Appendix 7 to the initial petition of July 15, 2002. 29 30 Annex 13. Brief presented to the National Civil Service Office by Olga Maldonado Ordóñez, dated May 22, 2000. Appendix 7 to the initial petition of July 15, 2002. 31 Annex 14. Article 19.6 of the Civil Service Law. “In addition to those assigned by other provisions in this law, the National Civil Service Board shall have the following duties and powers: ... To investigate and decide in administrative proceedings, on appeal, at the request of the interested party, claims arising from the application of this law and in relation to the following matters: recruitment, selection, appointment, assignment or reassignment of posts, transfers, suspensions, terminations, and dismissals." Free translation. Available in Spanish at: http://www.oas.org/juridico/spanish/mesicic2_gtm_ley_servicio_civil.pdf 8