ii.
Recommendations.
Consequently,
recommendations to the State:
it
made
the
following
1.
Make full reparation to the surviving victims and to the next of kin and
loved ones of all the victims for the human rights violations declared in the
report, of both a material and moral nature.
2. Immediately adopt the necessary measures to ensure that all the
surviving victims in this case receive comprehensive medical care, in
keeping with international standards, including, among other requirements:
(i) a thorough diagnosis and periodic follow-up testing; (ii) the permanent
and uninterrupted provision of the required antiretroviral drugs and any
others that they may need owing to their specific health situation; (iii)
mental health care for the victims who so wish; (iv) the differentiated care
required by the women victims in this case, giving special consideration to
their reproductive capacity. The State must ensure that the victims do not
face obstacles of accessibility or of any other nature to obtaining
comprehensive treatment as provided for in this recommendation.
3.
Provide non-repetition mechanisms to include: (i) free, comprehensive
and uninterrupted health care and treatment for the people with HIV/AIDS
who are unable to afford this; (ii) implementation of genuine and effective
mechanisms for periodic monitoring and supervison of public hospitals in
order to ensure that comprehensive health care is being provided to people
living with HIV/AIDS, who cannot afford it, and (iii) implementation of
public hospital staff training programs to ensure that their duties are
performed in a way that is compatible with the internationally recognized
standards described in the report.
d.
Notification to the State. The Merits Report was notified to the State on June
2, 2016, and it was granted two months to provide information on compliance with
the recommendations. The State of Guatemala presented a brief in which it advised
that meetings had been held with the petitioners and asked for an extension of the
time limit. The Commission granted an additional three months. Subsequently, the
State presented a further report in which it referred to general measures taken for
people living with HIV/AIDS in Guatemala.
3.
Submission to the Court. On December 2, 2016, the Commission submitted all the
facts and supposed human rights violations described in the Merits Report to the jurisdiction
of the Inter-American Court.
4.
The Commission’s requests. Based on the foregoing, the Commission asked the
Court to find and to declare the international responsibility of Guatemala for the violation of
the rights indicated in the conclusions to the Merits Report. It also asked the Court to order
the Estate to comply with specific measures of reparation.
II..
PROCEEDINGS BEFORE THE COURT
5.
Notification to the State and the representatives. The State and the representatives
of the presumed victims were notified that the case had been submitted on January 27,
2017.
6.
Brief with motions, pleadings and evidence. On March 30, 2017, Cristina Calderón,
the Asociación de Salud Integral (ASI) and the Center for Justice and International Law
(CEJIL) (hereinafter “the representatives”) presented their brief with motions, pleadings and
4