REPORT No. 2/16
CASE 12.484
MERITS
LUIS ROLANDO CUSCUL PIVARAL ET AL (PERSONS LIVING WITH HIV/AIDS)
GUATEMALA
APRIL 13, 2016

I.

SUMMARY

1.
On August 26, 2003, the Inter-American Commission on Human Rights (hereinafter “the
Inter-American Commission,” “the Commission” or “the IACHR”) received a petition lodged by the Center for
Justice and International Law – CEJIL (Centro por la Justicia y Derecho Internacional), the National Network
for Persons Living with HIV/AIDS (Red Nacional de Personas que Viven con el VIH/SIDA), the Association for
People United (Asociación Gente Unida), Life Project (el Proyecto Vida), the Fernando Iturbide Foundation for
the Prevention of AIDS (Fundación Preventiva del SIDA Fernando Iturbide) and the Comprehensive health
Association (Asociación de Salud Integral) (hereinafter “the petitioners”), alleging international responsibility
of the State of Guatemala (hereinafter “Guatemala,” “the State” or “the Guatemalan State”) for failing to
provide medical treatment to 39 persons living with HIV/AIDS:1 Luis Rolando Cuscul Pivaral, Francisco Sop
Gueij, Corina Robledo, Petrona López González, Aracely Cinto, Olga Marina Castillo, Israel Pérez Charal, Karen
Judith Samayoa, Juana Aguilar, Darinel López Montes de Oca, Luis Rubén Álvarez Flores, Audiencio Rodas,
Luis Edwin Cruz Gramau, Martina Candelaria Álvarez Estrada, Maria Felipe Pérez, Sayra Elisa Barrios, Felipe
Ordóñez, Santos Isacax Vásquez Barrio, Ismera Oliva García Castañon, Guadalupe Cayaxon, Sandra Lisbeth
Zepeda Herrera, Cesar Noe Cancinos Gómez, Santos Vásquez Oliveros, Maria Vail, Julia Aguilar, Sebastián
Emilia Dueñas, Zoila Pérez Ruiz, Santiago Valdez, Pascula de Jesús Mérida, Iris Carolina Vicente Baullas, Reina
López Mújica, Marta Alicia Maldonado Paz, José Cupertino Ramírez, José Rubén Delgado, Elsa Miriam Estrada,
Ismar Ramírez Chajón, Félix Cabrera, Silvia Mirtala Álvarez and Facundo Gómez Reyes. Subsequently, the
petitioners added ten other alleged victims: Alberto Quiché Cuxeva, Rita Dubón Orozco, Ingrid Janeth Barillas
Martínez, Luis Armando Linares, Mardo Luis Hernández, Jorge Armando Tavárez, Miguel Lucas Vail, Dora
Marina Martínez, Melvin Geovanny Ajtún and Teresa Magdalena Ramírez Castro.
2.
According to the petitioners, the State did not provide any type of medical care to the alleged
victims from the time they were diagnosed with HIV/AIDS, as of the 1990s until 2006. They contended that
the judicial recourse pursued in order to remedy this situation was ineffective. The petitioners argued that
the alleged victims only began to receive medical treatment from the State beginning in 2006 to 2007. They
further claimed that this care continues to be highly inadequate and is not comprehensive, inasmuch as they
lack access to antiretroviral medicine and to public health care facilities. They maintained that this situation
has led to the deteriorating health status of the alleged victims and that eight of these persons have even died
as a consequence of this situation.2
3.
The State recognized that the alleged victims at first did not receive public medical care in
response to their condition as persons living with HIV/AIDS. It contended, nonetheless, that these persons
were receiving medical care from an international organization. The State argued that several different
general comprehensive health care measures were subsequently implemented for all persons living with
HIV/AIDS in Guatemala. It claimed that as of the present time the alleged victims were receiving
comprehensive and adequate medical care from public entities.

1 According to World Health Organization, the human immunodeficiency virus (HIV) is a disease, which infects a person’s
immune system cells, destroying or impairing this function. Acquired Immunodeficiency Syndrome (AIDS) is a term used to refer to the
most advance stages of HIV infection and is defined by the presence of some opportunistic infections or cancers related to HIV. In the
instant case, it is claimed that the alleged victims have HIV and AIDS. Consequently, in the report, the term “HIV/AIDS” will be used.
2 Alberto Quiché Cuxeva, Facundo Gómez Reyes, Reina López Mujica, Ismar Ramírez Chajón, Petrona López González, Rita
Dubón Orozco, Luis Cruz and María Vail.

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