ordered the suspension of the civil servant In the case of the latter, the appointing authority
must immediately and definitively abide by the decision.
Article 83. Reinstatement. The reinstatement of a civil servant gives rise to a new
employment relationship that leaves intact all previously acquired vested rights not covered
in accordance with this law, except those withdrawn under the causes contained in Article
76 [justified dismissal].32
44.
On May 29, 2000, the National Civil Service Office wrote to Mrs. Maldonado informing her
that this organ and the National Civil Service Board lacked administrative jurisdiction “to consider matters
pertaining to requests concerning reinstatement or entitlement payments of employees.” 33 It added that this
was because it was not the civil service law that was applied but the “state departments’ or institutions’ own
provisions.”34
2.2.
Petition for review to the Human Rights Ombudsman
45.
On June 2, 2000, Mrs. Maldonado presented a petition for review to the Human Rights
Ombudsman under Article 80 of the Ombudsman's Personnel Regulations, seeking the annulment of
dismissal decision No. 81-2000.35 That provision reads as follows:
Article 80. Procedure for motions for review. The Human Rights Ombudsmen must settle the
appeal for a review within 10 business days of its filing; if the appeal is declared to be
groundless or is not settled within the prescribed time, the affected party may appeal to the
divisions of the Labor and Social Security Courts within the following five business days. The
appeals procedure shall be that established in the Labor Code. 36
46.
In first place, Mrs. Maldonado argued that the dismissal decision was devoid of any legal
validity as it had not been signed by the Human Rights Ombudsman or the Assistant Ombudsman. 37 Second,
she claimed that the accusations against her were inaccurate since the notarized document referred to was
not falsified.38 Mrs. Maldonado presented a photocopy of the notarized document, arguing that it contained all
three signatures and, therefore, her siblings' submissions would be disproved. 39
47.
On June 16, 2000, the chief of the Human Resources Unit of the Human Rights Ombudsman
declared the petition for review large by the alleged victim to be without merit. 40 He argued that dismissal
32
Annex
14.
Civil
Service
Law.
Free
http://www.oas.org/juridico/spanish/mesicic2_gtm_ley_servicio_civil.pdf
translation.
Available
in
Spanish
at:
33 Annex 15. Interlocutory decision No. 2000-DJ-1680, National Civil Service Office, May 29, 2000. Appendix 8 to the initial
petition of July 15, 2002.
34 Annex 15. Interlocutory decision No. 2000-DJ-1680, National Civil Service Office, May 29, 2000. Appendix 8 to the initial
petition of July 15, 2002.
35 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.
36
Annex
6.
Human
Rights
Ombudsman's
Personnel
http://www.pdh.org.gt/accesinfo/images/downloads/2012/reglamento_de_personal.pdf
Regulations.
Available
at:
37 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.
38 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.
39 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.
40 Annex 16. Official Letter No. 285-2000-URH from the Chief of the Human Resources Unit of the Human Rights Ombudsman,
dated June 26, 2000. Appendix 4 to the initial petition of July 15, 2002.
9