32. In a document of the same date, the general coordinator of the Technical Supply
and General Services Unit, who was in charge of making the selection in the competitive
hiring process to permanently fill position 010179,22 addressed a letter to the general
coordinator of the Human Resources Technical Unit, forwarding official letter 044-2003
sent by the head of maintenance. In that letter, he stated the following:
Attached hereto, I am sending you letter 044-2003 from Mr. German Mora
Salazar, in charge of the maintenance and custodial section, regarding the future
employment of Luis Fernando Díaz Guevara as a civil servant through his eventual
appointment to a miscellaneous position.
As can be inferred from the official letter, in view of the functions he performs and
the opportunities he has been given in his position, the behavior of Mr. Luis
Fernando has had a negative impact on his future employment, and his attitudes
may even affect his personal safety in view of the type of functions that would be
performed. It is therefore suggested that his selection be reconsidered.23
33.
In a document dated June 12, 2003, Senior Officer and Administrative and
Financial Director of the Ministry of Finance informed Mr. Guevara that he was not
selected in the competitive hiring process to permanently fill position 010179, therefore
his appointment as interim official in the position of Miscellaneous Worker 1 would end
on June 16, 2003. It stated the following:
[…] according to article 121 of the Autonomous Regulations of this Ministry
[which] states: in the case of interim officials, their service relationship
concludes: (b) when a candidate is chosen from the list (a) to permanently fill
a position.
On behalf of this Institution, we thank you for the interest and effectiveness you
have shown in performing the duties assigned during your employment
relationship; and we reiterate our desire to collaborate with you in any process
related to the administrative function of the Institution […].24
B.
Appeal for reversal
34.
On June 18, 2003, Mr. Guevara filed an “appeal for reversal with subsidy appeal
and absolute nullity” against the decision to remove him from the position.25 On July 9,
2003, the Senior Officer and General Administrative and Financial Director of the Ministry
of Finance stated that all the procedures established by the legal system for cases like
that of Mr. Guevara had been followed and declared the appeal inadmissible.26 In this
regard, he concluded as follows:
Reviewing the personnel file of Mr. Guevara Díaz, it was determined that there is
no report on what you described as “presumed inappropriate labor conduct.”
Cf. Decision of the Senior Officer and General Administrative and Financial Director of the Ministry of
Finance of July 9, 2003 (evidence file, folio 973).
22
23
Letter from the Technical Supply and Services Unit (evidence file, folio 945).
Letter from the Senior Officer and Administrative and Financial Director of the Ministry of Finance
addressed to the alleged victim (evidence file, folio 947).
24
25
Cf. Appeal for reversal with subsidy appeal and absolute nullity of June 18, 2003 (evidence file, folio
949).
Cf. Decision of the Senior Officer and General Administrative and Financial Director of the Ministry of
Finance of July 9, 2003 (evidence file, folio 953).
26
10