evidence (hereinafter “motions and pleadings brief”), pursuant to Articles 25 and 40 of the
Court’s Rules of Procedure. The representatives agreed with the considerations of the
Commission and added that the State was also responsible for violating the right to health
in light of Article 26 and in relation to Articles 1(1) and 2 of the Convention. In addition, the
representatives asked the Court to order the State to adopt other measures of reparation
and to reimburse certain costs and expenses. Lastly, the representatives asked to access
the Victims’ Legal Assistance Fund of the Inter-American Court (hereinafter “the Legal
Assistance Fund”).
7.
Answering brief.3 On July 3, 2017, the State presented to the Court its brief filing a
preliminary objection and answering the submission of the case and the motions and
pleadings brief (hereinafter “answer” or “answering brief”), pursuant to Article 41 of the
Court’s Rules of Procedure. The State filed a preliminary objection based on failure to
exhaust domestic remedies and contested the violations that had been alleged.
8.
Legal Assistance Fund. In an order of July 24, 2017, the President of the Court
declared that the request for access to the Legal Assistance Fund presented by the
representatives was admissible.4
9.
Observations on the preliminary objection. On September 20, 2017, the
representatives and the Inter-American Commission presented their observations on the
preliminary objection filed by the State.
10.
Amici curiae. The Court received three amicus curiae briefs presented by: (1)
students of the Inter-American Human Rights Protection System Clinic at the Universidad
Carlos III of Madrid;5 (2) the Human Rights Clinic of the School of Law and the Dell Medical
School at the University of Texas at Austin,6 and (3) the Center for Human Rights Studies at
the Universidad Autónoma de Yucatán.7
On February 21, 2017, the State advised that Victor Hugo Godoy Morales and María José Ortiz Samayoa
would be its Agents. Subsequently, in a brief of November 3, 2017, Jorge Luis Borrayo Reyes, President of
COPREDEH, advised that, in his absence, Felipe Sánchez González would sign the communications addressed to the
Court.
3
Cf. Case of Cuscul Pivaral et al. v. Guatemala. Victims’ Legal Assistance Fund. Order of July 24, 2017.
Available at: http://www.corteidh.or.cr/docs/asuntos/cuscul_fv_17.pdf.
4
The brief was signed by Denise Ciraudo, Javier Ruiz and Felipe Sautu. It analyzed the HIV situation in
Guatemala and explained that the State had provided little or no medical care to people with HIV. Following an
examination of Guatemala’s national and international legal framework, it concluded that the State had failed to
comply with its commitments and obligations. The document also included an analysis of the right to life of the
victims, to personal integrity of those involved, to personal integrity of their next of kin, and of the right to judicial
protection in relation to the application for amparo that had been filed. It concluded that the State was responsible
for violating the rights mentioned and proposed that the Court should take into consideration the following
measures of reparation: reparation of pecuniary and non-pecuniary damage, measures to commemorate the
deceased victims, measures of non-repetition, and a public act.
5
The brief was signed by Ariel Dulitzky on behalf of the authors. The document emphasized that, based on
the rules of interpretation established in the American Convention and in the Vienna Convention, as well as criteria
developed by the Court, Article 26 of the Convention protected the economic, social and cultural rights that derive
from the OAS Charter, including the right to health, and that these rights are subject to the general obligations to
respect and to ensure rights imposed by Articles 1(1) and 2 of the Convention. The brief differentiated between the
right to health and the rights to life and to personal integrity, because the former is a right in itself that also
imposes specific obligations. The document provided an overview of HIV and its situation in Guatemala, stressing
the importance of implementing public health policies focused on the provision of care. It concluded that
Guatemala’s response to the HIV crisis had been belated and well below standards for clinical care, and this had
had a direct impact on each victim in this case.
6
The brief was signed by María de los Ángeles Cruz Rosel, Carlos Luis Escoffié Duarte, Jessy Guadalupe
Cetz Ceils, Enrique de Jesús Gallegos Madrigal and Andrea Guadalupe Tejero Gamboa. First, the document
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