32.
The representatives asked the Court to reject annexes 3, 4, 7 and 10 attached to the
State’s final written arguments.20 In this regard, the Court notes that annex 10 had been
submitted previously as annex 1 to the answering brief, so that both documents are part of
the evidence in this case. Regarding annexes 3, 4 and 7 presented by the State and
contested by the representatives, the Court notes that they contain pertinent information
that is also useful to decide the case. Accordingly, the Court admits annexes 3, 4, 7 and 10.
B. Admissibility of the testimonial and expert evidence
33.
The Court received affidavits prepared by expert witness Óscar A. Cabrera, and
presumed victims Sandra Lisbeth Zepeda Herrera, Francisco Sop Quiej, Dora Marina
Martínez Sofoija, Carlos Fernando Coc Chajón, Luis Alberto Hernández Estrada, María
Magdalena Rodas Mérida, Luis Rolando Cuscul Pivaral, Rocío Samayoa Bran and Olga Alicia
Paz Bailey. Regarding the evidence provided during the public hearing, the Court received
the statements of presumed victims Zoila Marina Pérez Ruíz and Felix de Jesús Cabrera
Morales, and also the expert opinion of Ricardo Boza Cordero.21 In this regard, the Court
finds it pertinent to admit the statements of the presumed victims and the expert opinions
provided during the public hearing and by affidavit, insofar as they are in keeping with the
purpose defined by the President in the order requiring them and the object and purpose of
this case.
VII.
FACTS
34.
This case refers to 34 individuals who are currently living with the human
immunodeficiency virus (hereinafter also “HIV”) in Guatemala, 15 individuals who lived with
this condition but who are now deceased, and their next of kin. 22 The violations alleged by
the Commission in its Merits Report occurred owing to the total absence of medical care for
this group of people prior to 2006-2007, to the deficient medical care they received
following those years, and to the lack of judicial protection. In this section, the main facts of
the case will be described in the following order: (a) the HIV/AIDS situation in Guatemala;
(b) the individualization of the presumed victims and their next of kin, and (c) the remedies
and actions filed by the presumed victims.
A. The HIV/AIDS situation in Guatemala
A.1. General information on HIV/AIDS
35.
The human immunodeficiency virus attacks the human body’s immune system
(defense system), specifically destroying the CD4 or T lymphocytes, which are the most
important defense cells of the immune system. HIV may be active for years without any
symptom, so that people who are infected may not know this and, even if they seem and
feel completely healthy, they can transmit the disease to other people. Pregnant women can
These annexes relate to the following: No. 3: Photographic record of the medical centers that have
HIV/AIDS clinics; No. 4: Information on the care provided by the San José Hospice Association to people with
HIV/AIDS; No. 7: Copy of press release 002 of the International Commission against Impunity in Guatemala
(CICIG) and Newspaper article from “El Periódico” of February 14, 2018, by the journalist Cindy Espina; Article
entitled “El Ministerio de Salud finaliza Convenio Anticorrupción con CICIG” [Ministry of Health ends Anti-corruption
Agreement with CICIG]’; No. 10: Government Decree No. 266 of September 22, 2016.
20
The purpose of the statements was established in the order of the President of the Court of February 8,
2018 (supra footnote 8).
21
22
See Annex I to this judgment.
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