Border Council between 2000 and 200492. None of these contracts was terminated before the agreed period, except the lasts ones that were finalized three months after its inception and months after the alleged victims signed the petition for the presidential recall referendum. 109. The Commission also notes that according to the list published in a Venezuelan national journal, out of the total of 23 employees of the National Border Council registered in the payroll until 200393, four people signed the petition for a recall referendum on the presidential term, identified with the ID’s 3.247.646, 4.421.705, 6.974.789 y 11.928.963, which belong respectively to Magally Chang Girón, Thais Coromoto Peña, Rocío San Miguel Sosa, and Jorge Guerra Navarro. All four people were informed of the termination of their contracts, however with respect to Jorge Navarro Guerra, as is clear from the statements of the alleged victims, he managed to keep his job after stating that "he did not sign the request for referendum, instead someone took his ID and signed for him"94, and that he would participate in the challenge process of signatures, to not to ratify it. D. Internal processes initiated in relation to the termination of the contracts 110. In view of the abovementioned facts, the alleged victims initiated and promoted the judicial actions described below. 1. Complaint before the Ombudsman 111. On May 27, 2004 Rocío San Miguel Sosa, Magally Chang Girón, and Thais Coromoto Peña, filed a complaint before the Ombudsman, alleging unjustified and discriminatory dismissal from the National Border Council, exercised in retaliation for their signatures on the petition for a presidential recall referendum95. On June 29, 2004 the Delegate Defender of the Metropolitan Area of Caracas issued an order admitting the complaint and ordering the completion of all necessary steps to investigate the allegations96. 112. On 16 July 2004, the Coordinator of Legal Services of the Ombudsman Office issued a report indicating that it was not possible to prove the facts indicated by Rocío San Miguel Sosa, Magally Chang Girón, and Thais Coromoto Peña, in the sense that they were subjected to a discriminatory act by the National Border Council, by being fired from their respective post for having signed the petition for a presidential recall referendum97. The report notes that: We are faced with the unproven statement of the plaintiffs against the factual demonstration of the discretionary powers of the acting administration. Such action, obviously, is insufficient to prove that the reason for the dismissal of the petitioners are political and related to citizen participation98. 2003 to December 31, 2003 and January 1, 2004 to December 31, 2004. See Annex 11. Magally Chang contracts with the National Border Council, Annex A of Annex IV of the complaint filed before the IACHR on March 7, 2006. 92 Within the file, records show the conclusion of contracts to provide services from April 1, 2000 to December 31, 2000, January 1, 2002 to December 31, 2002, January 1, 2003 to December 31, 2003, 1 January 2004 to 31 December 2004. See Annex 13. Thais Coromoto Peña contracts with the National Border Council, Annex A of Annex IV of the complaint filed before the IACHR on March 7, 2006. 93 Annex 33. Copy of the payroll of the hired personnel in the National Border Council until December 2003, Annex 7 to the additional information submitted by the petitioners on May 30, 2007. 94 Annex 21. Telephone conversation between Feijoo Colomine and Rocio San Miguel, March 24, 2004, Annex B of Annex IV of the complaint filed before the IACHR on March 7, 2006. 95 Annex 34. Complaint before the Ombudsman, Annex III of the complaint filed before the IACHR on March 7, 2006. 96 Annex 35. Order for admission of June 29, 2004. Annex III of the complaint filed before the IACHR on March 7, 2006 97 Annex 36. Information Point of the Coordinator of Legal Services of the Ombudsman Office, July 16, 2004. Annex III of the complaint filed before the IACHR on March 7, 2006. 98 Annex 36. Information Point of the Coordinator of Legal Services of the Ombudsman Office, July 16, 2004. Annex III of the complaint filed before the IACHR on March 7, 2006. 21

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