given that there appear two signatures when, according to a authenticated plain copy of that document, there
should have been three.8 According to Mrs. Maldonado, that public instrument was signed by her mother,
Florinda Ordóñez Rodas, since deceased; her sister, Mary Luz Maldonado Ordóñez; and Mrs. Maldonado
herself.9 In the notarized document, the mother of the alleged victim assigned to her daughters, Olga and
Mary Luz Maldonado, her hereditary and possessory rights over a building and the properties left by her
husband Dámaso Guadalupe Maldonado upon his death. 10
35.
On April 5, 2000, in accordance with Article 76.a of the Human Rights Ombudsman's
Personnel Regulations, Mrs. Maldonado was notified in writing of "the cause of dismissal of which she [was]
charged,”11 which was that contained in Articles 74.4 and 74.15 of the Human Rights Ombudsman's Personnel
Regulations.12 The texts of those provisions are as follows:
Article 74. Causes of dismissal. Workers of the institution may be dismissed from their
positions without any liability to the latter if they incur any of the following causes:
…
4. If a worker commits any criminal offense or fault against property to the detriment of the
institution or any of their work colleagues, or to the detriment of a third party in the
workplace; also when they cause, either intentionally or through lack of care or negligence,
material damage to equipment, machinery, tools, or other work-related objects;
…
15. If a worker engages in unlawful acts that imply the intention to cause harm to the
institution or a violation of labor norms that constitute manifest acts of sabotage of the
institution's operations and activities.13
36.
The petitioners recognized that Mrs. Maldonado was able to present a brief and evidence in
her defense to the Ombudsman, in accordance with Article 76.b of the Ombudsman's Personnel Regulations.14
On May 16, 2000, the Human Rights Ombudsman issued decision No. 81-2000, by which he dismissed Olga
Maldonado from her internal position as a departmental assistant and her regular position as an educator. 15
The ombudsman found that the situation complained of:
... constitute[d] a series of legal acts and disputes of a personal nature whose outcome could
seriously harm the institution of the Human Rights Ombudsman because of Mrs. Maldonado
Ordóñez’ employment relationship with the institution ... and that it ha[d] the obligation to
avert, both within and outside the institution, the commission of acts contrary to the law,
decency, and moral conventions that might undermine its prestige. 16
8
2002.
Annex 2. Decision No. 81-2000 of the Human Rights Ombudsman, May 16, 2000. Appendix 1 to the initial petition of July 15,
9 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.
10
2002.
Annex 4. Testimony in notarized document No. 470, dated October 11, 1994. Appendix 3 to the initial petition of July 15,
11
Annex
5.
Article
76.a
of
the
Human
Rights
Ombudsman's
http://www.pdh.org.gt/accesinfo/images/downloads/2012/reglamento_de_personal.pdf
12
2002.
Available
at:
Annex 2. Decision No. 81-2000 of the Human Rights Ombudsman, May 16, 2000. Appendix 1 to the initial petition of July 15,
13
Annex
6.
Human
Rights
Ombudsman's
Personnel
http://www.pdh.org.gt/accesinfo/images/downloads/2012/reglamento_de_personal.pdf
Regulations.
Available
at:
14
Annex 7. Petitioners brief of August 30, 2011
15
Annex 2. Decision No. 81-2000 of the Human Rights Ombudsman, May 16, 2000. Appendix 1 to the initial petition of July 15,
16
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.
Regulations.
6