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. 11

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