157.
In the instant case, the Commission established that the eight victims died as a consequence
of the failure of the State to provide comprehensive medical treatment. Additionally, the Commission
determined that the remaining victims, who were economically disadvantaged, were exposed for protracted
periods of time to absolutely no State-provided medical care and, consequently, their survival became
dependent on non-profit organizations. The Commission also concluded that since the time they were
transferred to the care of the public sector after 2006-2007, the surviving victims have been affected by
different gaps in care in State-provided health services. Given the nature of the disease that the deceased
victims lived with and the surviving victims are living with, in the view of the Commission it is obvious that
the absolute lack of care at one time and the subsequent inadequacy of care at another time, not only affected
the victims directly as set forth in the instant report, but that said infringements extended as well to their
next of kin and/or closest circle of support.
158.
The Commission takes note of the fact that some of the persons mentioned by the petitioners
either are not the closest direct family members or do not have any blood tie with the victims in the case.
Notwithstanding, the Commission finds reasonable the line of argument put forward by the petitioners to the
effect that because of the stigma that is usually associated with HIV/AIDS, the closest circle of support of
some persons living with this disease, is not necessarily their nuclear family.
159.
Based on the foregoing considerations, the Commission finds that the mental and moral
integrity of the group of persons individually identified by the petitioners as next of kin and/or the closest
support circle of the victims (see Single Annex to merits report), was adversely affected as a consequence of
the facts of the instant case, in violation of Article 5.1 of the American Convention, in connection with Article
1.1 of the same instrument.
V.
CONCLUSIONS
160.
Based on the considerations of fact and law set forth throughout the instant report, the InterAmerican Commission concludes that the State of Guatemala is responsible for the violation of the right to
life, humane treatment and judicial protection, as recognized in Articles 4.1, 5.1 and 25.1 of the American
Convention, in connection with the obligations set forth in Article 1.1 of the same instrument, to the
detriment of the victims and next of kin, as established throughout the instant report.
VI.
RECOMMENDATIONS
161.
Based on the preceding conclusions,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS
THE STATE OF GUATEMALA TO:
1.
Make full reparation to the surviving victims and to the next of kin and loved ones of all the
victims for the violations of the human rights declared in the instant report, of both a material and moral
nature.
2.
Immediately adopt the necessary measures to ensure that all the surviving victims of the
instant case receive comprehensive medical treatment, in keeping with international standards, including,
among other requirements: i) conducting of thorough diagnostic and periodic follow-up testing; ii) providing
permanent and uninterrupted antiretroviral medicine required by the women victims in this case, with
special consideration of their reproductive capacity. The State must ensure that the victims do not endure
obstacles to accessibility or of any other nature, in order to obtain comprehensive treatment as provided for
in this recommendation.
3.
Provide for mechanisms of non-repetition to include, among other things, i) provision of
free, comprehensive and uninterrupted treatment and health care to persons with HIV/AIDS that are unable
to afford it; ii) implementing serious and effective mechanisms of supervision and periodic monitoring of
public hospitals in order to ensure that comprehensive health care is being provided to persons with
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