25. The Commission considers that the Personnel Regulations of the Office of the Human
Rights Ombudsman, as well as the Civil Service Act, include measures for challenging decisions
through the courts. Yet the petitioners argue that at the time Mrs. Maldonado Ordóñez
attempted to challenge her dismissal, all existing mechanisms established by regulations and
law prevented her access to the judicial route. Indeed, the bodies to which she turned declared
themselves incompetent to consider the merits of her claim, and even the Constitutional Court
declared that it lacked jurisdiction to consider the constitutionality of those rules.
26. The IACHR will have to examine whether the impediments that Mrs. Maldonado Ordóñez
faced in obtaining a decision on the merits of her complaint were due to the way in which
those remedies are provided in laws and regulations, or to their rejection by the institutions to
which Mrs. Maldonado Ordóñez turned. The Commission will also have to decide whether this
constitutes a violation of Articles 8 and 25 of the Convention.
27. The Commission considers that the petitioners’ allegations of violations of the victim's due
judicial guarantees and protection could characterize a violation of the rights enshrined in
Articles 2, 8 and 25, in relation to Article 1.1 of the American Convention.
V.
CONCLUSION
28. The Commission concludes that the petition is admissible, and that it is competent to
review the case submitted by the petitioners as it relates to violation of Articles 8 and 25, in
accordance with Article 1.1 of the Convention, consistent with the requirements of Articles 46
and 47 of the American Convention.
29. Based on the factual and legal arguments set forth above, and without prejudging the
merits of the case,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
1. To declare the present case admissible with respect to Articles 1.1, 8, and 25 of the
American Convention on Human Rights.
2. To notify the parties of this decision.
3. To initiate consideration of the merits of the case.
4. To make this report public, and to include it in its Annual Report to the General Assembly of
the OAS.
Done and signed in the city of Washington, D.C., on the 11th day of the month of March, 2004.
(Signed): José Zalaquett, President; Clare K. Roberts, First Vice-President; Susana Villarán,
Second Vice-President; and Evelio Fernández Arévalos, Paulo Sergio Pinheiro, Freddy Gutiérrez,
and Florentín Meléndez, members of the Commission.
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