The Commission has designated Commissioner James Cavallaro and Executive Secretary
Emilio Álvarez Icaza L. as its delegates. Likewise, Elizabeth Abi-Mershed, Deputy Executive Secretary,
and Silvia Serrano Guzmán and Erick Acuña Pereda, attorneys of the Executive Secretariat of the
IACHR, will serve as legal advisors.
In accordance with Article 35 of the Rules of Procedure of the Inter-American Court, the
Commission has attached a copy of the report on the merits, Report No. 42/14, prepared in
compliance with Article 50 of the Convention, together with a copy of the complete record of the case
before the Inter-American Commission (Appendix I) and the annexes used in the preparation of
Report No. 42/14 (Annexes). Said report on the merits was notified to the State of Guatemala in a
communication dated September 3, 2014, giving the State two months to report on compliance with
the recommendations. The State of Guatemala submitted a brief in which it rejected the conclusions
in the merits report and said it would not grant reparations of any type to Mrs. Maldonado.
Accordingly, the Inter-American Commission submits to the jurisdiction of the Court all of the
facts and human rights violations described in Report No. 42/14, in view of the need to obtain justice
for the victim in the case.
In this connection, the Commission requests that the Court conclude and declare that the
State of Guatemala bears international responsibility for violating the right to a fair trial, the principle
of legality, and the right to judicial protection, as established in Articles 8.1, 8.2, 9, 9, and 25 of the
American Convention on Human Rights, in relation to Article 1.1 of the same instrument, to the
detriment of Olga Yolanda Maldonado Ordóñez.
Therefore, the Commission requests that the Court establish the following reparation
measures:
1.
Provide comprehensive reparations to Mrs. Olga Maldonado for the violations stated
in the report. These reparations should include both the material and moral aspect.
2.
Eliminate all consequences of the sanction imposed on Mrs. Maldonado, including any
disciplinary background information against her.
3.
Adopt measures to ensure that this will not recur so that public officials in positions
similar to the victim’s in the present case are clear about disciplinary procedures and sanctions
against them and have effective remedies to address them.
In addition to the need to obtain justice, the Commission underscores that the instant case
involves matters of inter-American public order (ordre public). Specifically, a resolution of the case
could help deepen and clarify the jurisprudence of the Inter-American Court on the matter of
guarantees of both legality and due process that are applicable in the context of diverse
administrative proceedings, including disciplinary ones. Likewise, the case could help strengthen
jurisprudence on the scope of the right to effective judicial protection in these matters.
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