the Commission also noted that according to reports that the list was still being used at the public and private
level, as a tool to discriminate against hundreds of persons on political grounds, and showed concern in
regards to information referring to an even more sophisticated tool that was created during the 2005
legislative elections, known as the “Maisanta list,” which includes not just the names of the persons who signed
the presidential recall referendum petition, but also detailed information on the more than 12 million
registered voters and their political preferences, the Commission considered that the creation of this list
affects the guarantee of vote by secret ballot contained in Article 23 of the American Convention58.
C. The work relationship and termination of contracts of Rocío San Miguel Sosa, Magally
Chang Girón, and Thais Coromoto Peña
89. The three alleged victims in this case, Rocío San Miguel Sosa, Magally Chang Girón, and Thais
Coromoto Peña, were working for the National Border Council under a professional services contract.
According to a report by the Office of Analysis and Legal Assessment of the Vice President, the use of such
contracts without guarantees of stability common to permanent officials, was due to the lack of approval of the
Organic Law on Borders, which would create an agency to direct the State border affairs and allow the stability
of its officials59.
90. Rocío San Miguel Sosa began working as a legal adviser at the National Border Council in July
1996 and continued through the renewal of her service contract60, working at the institution until the end of
May 2004. Her last contract was elaborated for a period of one year from January 1 to December 31, 200461.
91. Magally Chang Girón began her work as Staff Assistant and then as Staff Coordinator of the
National Border Council in May 1997, holding monthly, quarterly and annual contracts with the institution to
continue providing professional services to the institution62. Her last contract was elaborated for the period of
one year from January 1 to December 31, 200463.
92. Thais Coromoto Peña served as Public Relations Executive or Secretary of the National Border
Council between April 1 2000 and March 12, 2004, holding several annual contracts with said institution64.
Her last contract was elaborated for a period of one year from January 1 to December 31, 200465.
58
IACHR, Democracy and Human Rights in Venezuela, OEA/Ser.L/V/II. Doc. 54. December 30, 2009, chapter II.a, para. 101.
Annex 8. Report of the Coordinator of Analysis and Legal Assessment of the Vice President addressed to the Vice President of
Venezuela, December 8, 2003, Annex H of Annex IV of the complaint filed before the IACHR on March 7, 2006.
59
60 Within the file, records show the conclusion of various contracts of Rocío San Miguel with the National Border Council: From
July 1, 1996 until December 31, 1996, from 1 January 1997 to 31 December 1997, 1 January 1998 to December 31, 1998, from January 1,
2000 to March 31, 2000, from 1 January 2001 to 31 December 2001, from 1 January 2002 to 31 December 2002, the January 1, 2003 to
December 31, 2003 and January 1, 2004 to December 31, 2004. See Annex 9. Rocío San Miguel contracts with the National Border Council,
Annex A of Annex IV of the complaint filed before the IACHR on March 7, 2006.
61 Annex 10. Labor contract between the head of the National Border Council with Rocío San Miguel Sosa on December 31, 2003,
Annex F of the State submissions within the admissibility process before IACHR on January 16, 2008.
62 Within the file, records show the conclusion of various contracts of Magally Chang with the National Border Council: from
May 1, 1997 to December 31, 1997, from 1 January 1998 to 31 December 1998, from 1 January 1999 to March 31, 1999, from April 1, 1999
to May 31, 1999, from June 1, 1999 to June 30, 1999, from July 1, 1999 to December 31, 1999, 1 January 2000 to March 31, 2000, from
April 1, 2000 to December 31, 2000, from 1 January 2001 to 31 December 2001, from 1 January 2002 to 31 December 2002, 1 January
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.
63 Annex 12. Labor contract between the head of the National Border Council with Magally M. Chang Girón on December 31,
2003, Annex F of the State submission within the admissibility process before IACHR on January 16, 2008.
64 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
65 Annex 14. Labor contract between the head of the National Border Council with Thais Coromoto Peña on December 31, 2003,
Annex F of the State submission within admissibility the process before IACHR on January 16, 2008.
16