28. On June 4, 2001, Mr. Guevara was selected on an interim basis as a Miscellaneous Worker 1 by the Ministry of Finance.16 Subsequently, the Human Resources Technical Unit of the Ministry of Finance, in coordination with the General Civil Service Directorate, launched external competitive hiring process 01-02 to permanently fill position 010179, Miscellaneous Worker 1. Mr. Guevara participated in that process.17 29. On March 6, 2003, the Human Resources Technical Unit sent the list of candidates for the position, containing the following information on their evaluations:18 Name Guevara Díaz Luis Fernando P.V.M. P.C.L. Score 78.97 78.50 78.49 3 30. During the selection process, Mr. Guevara took special tests due to his disability (the Specific Test for Miscellaneous Worker and questions from the “Mini-Mult”)19 and he was later called to be interviewed at the Technical Supply and General Services Unit of the Ministry of Finance on March 31, 2003.20 31. In a document dated June 13, 2003, the Head of the Maintenance Area sent official letter 044-2003 to the General Coordinator of Procurement and General Services Technical Unit in which he stated the following: Since last June 4, 2001, Mr. Luis Fernando Guevara Días (sic) was temporarily appointed to position 010179, miscellaneous class. I would like to note that despite the opportunities that have been extended to him in maintenance as an assistant, cleaning facilities, elevators, etc., his work is not satisfactory. Therefore, and because of our need for personnel, I ask for the appointment of a functional person to the position. Additionally, I would note that due to his problems of retardation and emotional blockage that he suffers, (information provided by his mother), I do not consider him to be qualified for the position. If the intention is to help him, there are several ways to do so.21 Cf. Official letter from the General Coordinator of the Human Resources Technical Unit of the Ministry of Finance of June 1, 2001 (evidence file, folio 937). The victim's brother testified during the public hearing that, prior to his interim contract, Mr. Guevara performed various tasks at the Ministry of Finance such as "taking out the garbage from the office, from multiple offices, cleaning floors, cleaning windows," and that “he spent about eight years” doing this work. The state indicated that during this time, Mr. Guevara was accompanied by his mother, who worked in the ministry, that he had never been explicitly authorized for consideration as an intern or trainee at the Ministry of Finance. In this regard, the Court notes that there is no evidence in the file to verify that Mr. Guevara worked informally for the Ministry of Finance during the years prior to his interim contract as Miscellaneous Worker 1, or that he had been part of a job reinsertion program through which he was incorporated into the ministry. 16 Cfr. Decision of the Senior Officer and General Administrative and Financial Director of the Ministry of Finance of July 9, 2003 (evidence file, folio 952). 17 18 Cf. Letter from the Human Resources Technical Unit of the Ministry of Finance (evidence file, folio 939). Cf. Technical Supply and Services Unit of the Ministry of Finance, Specific test for miscellaneous worker (evidence file, folios 102 to 108), and Minnesota Multiphasic Personality Inventory, Mini-Mult (evidence file, folios 113 to 115). 19 20 Cf. Letter from the Technical Supply and Services Unit (evidence file, folio 941). Letter from the Head of the Maintenance Area of the Ministry of Finance to the General Coordinator U.T.A.S. (evidence file, folio 943). 21 9