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 Chambers of
Labor and Social Security. 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.
20. In light of the foregoing, the victim presented a written challenge to the National Civil
Service Office (on May 29, 2000, that office decided that it was not competent to consider the
challenge). In view of that denial and pursuant to the procedure set out in Article 80 of the
Personnel Regulations of the Office of the Human Rights Ombudsman, on June 20, 2000, the
alleged victim filed an appeal with the Second Chamber of the Court of Appeals for Labor and
Social Security Matters. That regulation provides that:
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
Chambers of Labor and Social Security within the following five business days.
The appeals procedure shall be that established in the Labor Code.
21. On June 26, 2000, the Second Chamber decided that it was not competent to hear the
petition, because the Chambers of Labor and Social Security are competent to hear cases only
at a single level of jurisdiction, and this is limited to cases of definitive administrative decisions
issued by the National Civil Service Board, pursuant to Article 80 of the Civil Service Act. Mrs.
Maldonado Ordóñez then attempted, in accordance with the Civil Service Act, to challenge the
decision to dismiss her. On October 9, 2001, the Constitutional Court declared her
constitutional challenge out of order, because the interested party had failed to use the
appropriate channels to challenge application of the rules, in the course of which she could
have argued the constitutional questions in the appropriate jurisdiction. All the bodies to which
she turned, administrative and judicial alike, decided against Mrs. Maldonado Ordóñez, on the
grounds that they lacked competence to decide on the matter.
22. Given the outcome of the appeals and representations made by the victim before the
authorities, the Commission concludes that the requirement of prior exhaustion of domestic
remedies, pursuant to Article 46.1 of the Convention, has been satisfied.
2.
Time period for submission of the petition
23. In accordance with Article 46.1 (b) of the Convention, a petition must be lodged within a
period of six months from the date on which the party alleging violation of his or her rights
was notified of the final judgment at the domestic level. This complaint was submitted on July
15, 2002, within six months following the decision of the Constitutional Court of October 9,
2001, notified to the victim on January 15, 2002, that decided on the appeal challenging the
constitutionality of the rules applied in the case of Mrs. Maldonado Ordóñez. Consequently, this
requirement has been satisfied.
3.
Duplication of proceedings and res judicata
24. The record contains no indication that the matter is pending in another international
proceeding, or that it duplicates a petition already considered by this or another international
body. Consequently, the requirements stipulated in Article 46.1 (c) and in Article 47 (d) of the
Convention are satisfied.
4.
Characterization of the facts alleged
4