him to discuss: i) the Regulations of the HIV/AIDS Law; ii) the integrated HIV/AIDS care unit; and iii) the
situation of short, medium and long term antiretroviral treatment.15
72.
On May 27, 2002, the Association for the Coordination of Sectors in the Fight Against AIDS
and other organizations representing persons living with HIV/AIDS in Guatemala sent a letter to then
President of the Republic Alfonso Portillo.16 They claimed that the State only provided antiretroviral
treatment to 27 persons exclusively with public funding, which constitutes a violation of Article 4 of the
Constitution.17 They contended that the treatment should be universal and accessible to every person who
needs it in keeping with the Constitution and the HIV/AIDS Law.18 They alleged that said treatment has been
denied to them systematically by the Ministry of Health through “temporizing, stalling tactics or passing
responsibility on to an international entity that provides antiretroviral treatment.”19
73.
On June 10, 2002, the Ombudsman for Human Rights sent a communication to the President
of the Republic at the time regarding the letter sent on May 27, 2002.20 He noted that the people receiving
antiretroviral treatment from an international agency only receive it for three years and that it is a small
number of people.21 He noted that according to estimates, four thousand persons need said treatment. He
claimed that “he unconditionally supports this demand, which is a just request for the right to life and to nonviolation of human rights based on discrimination, inasmuch as the State is giving treatment to 27 persons.”22
He also noted that the request should be “dealt with as soon as possible because the lives of each of the
persons living with HIV/AIDS depends on it.”23
3.2
Amparo suit brought before the Constitutional Court
74.
On July 26, 2002, twenty two persons, including thirteen of the alleged victims,24 and civil
society organizations –Association for the Coordination of Sectors in the Fight against AIDS, Positive People
Association and Association for Integrated Health- brought a special appeal for relief (amparo) with the
Constitutional Court in order to get “the constitutionally recognized right to health restored for each and
every one of us people living with HIV/AIDS.”25 They claimed that they urgently needed medical care.26 They
15 Annex 2. Letter of the Association for the Coordination of Sectors in the Fight against AIDS dated November 23, 2001. Annex
to petitioners’ communication of August 26, 2003.
16 Annex 2. Letter of the Association for the Coordination of Sectors in the Fight against AIDS dated May 27, 2002. Annex to
petitioners’ communication of August 26, 2003.
17 Annex 2. Letter of the Association for the Coordination of Sectors in the Fight against AIDS dated May 27, 2002. Annex to
petitioners’ communication of August 26, 2003.
18 Annex 2. Letter of the Association for the Coordination of Sectors in the Fight against AIDS dated May 27, 2002. Annex to
petitioners’ communication of August 26, 2003.
19 Annex 2. Letter of the Association for the Coordination of Sectors in the Fight against AIDS dated May 27, 2002. Annex to
petitioners’ communication of August 26, 2003.
20 Annex 3. Communication from the Ombudsman for Human Rights dated June 10, 2002. Annex to petitioners’ communication
of August 26, 2003.
21 Annex 3. Communication from the Ombudsman for Human Rights dated June 10, 2002. Annex to petitioners’ communication
of August 26, 2003.
22 Annex 3. Communication from the Ombudsman for Human Rights dated June 10, 2002. Annex to petitioners’ communication
of August 26, 2003.
23 Annex 3. Communication from the Ombudsman for Human Rights dated June 10, 2002. Annex to petitioners’ communication
of August 26, 2003.
24 Luis Rolando Cuscul Pivaral, Luis Armando Linares, Facundo Gómez Reyes, Marta Alicia Maldonado Paz, Miguel Lucas Vail,
Ingrid Barillas Martínez, Jorge Armando Tavarez, Melvin Yovani Ajtún, Mardo Luis Hernández, Alberto Quiché Cuxeva, Teresa Magdalena
Ramírez Castro, Rita Dubón Orozco and Dora Marina Martínez.
25 Annex 4. New Amparo suit brought before the Constitutional Court dated July 26, 2002.
communication of August 26, 2003.
19
Annex to petitioners’