4.
After examining the available information, the Commission concluded that the State of
Guatemala is responsible for the violation of the rights to life, humane treatment, and judicial protection, as
established in Articles 4.1, 5.1, and 25.1 of the American Convention on Human Rights (hereinafter, “the
American Convention” or “the Convention”), in connection with Article 1.1 of the same instrument to the
detriment of the individuals named in the instant report. Based on these conclusions, the IACHR made its
recommendations to the State of Guatemala.
II.

PROCEEDINGS BEFORE THE COMMISSION

5.
The initial petition was received on August 26, 2003. The case proceedings, from the time
the petition was initially lodged until issue of the decision on admissibility, are described in detail in
Admissibility Report 32/05 of March 7, 2005.3 In said report, the IACHR concluded that the petition was
admissible with regard to the rights set forth in Articles 4 and 25 of the American Convention, in connection
with Article 1.1 of said instrument. Additionally, the Commission found inadmissible the rights established in
Articles 8, 24 and 26 of the American Convention.
6.
On March 16, 2005, the IACHR forwarded a communication to the parties notifying them of
the admissibility report and placing itself at their disposal with a view to reaching a friendly settlement. The
petitioners submitted observations on May 13, 2005, requesting that the case proceed to the merits stage.
The petitioners submitted observations on the merits on September 5, 2005; and on April 26, May 18 and
August 22, 2006. For its part, the State submitted observations on the merits on May 16 and October 6, 2005;
and April 21, June 28 and October 2, 2006.
7.
Subsequently, the Commission summoned the parties to a hearing, which was held on
October 19, 2006 during the 126th Period of Sessions.
8.
After that occasion, the petitioners submitted observations on August 30, 2007; March 24,
June 27 and September 20, 2008; August 7, 2009; March 16, September 13 and December 10, 2010;
September 30 and October 20, 2011; March 1, March 8, March 16 and July 4, 2012 and December 7, 2015.
9.
For its part, the State submitted observations on January 9, April 30 and August 5, 2008;
March 23 and September 11, 2009; January 22, August 26 and October 5, 2010; and February 28 and
November 26, 2012.
Precautionary Measures
10.
On August 26, 2003, along with the initial petition, the petitioners filed a request for
precautionary measures on behalf of the 39 alleged victims named in their initial petition. On April 21, 2004,
the Commission conveyed to the State its decision to grant precautionary measures to the 39 individuals, who
were the subject of said request, on the grounds that they were allegedly not receiving adequate medication
through Guatemala’s public health system. Said precautionary measure was issued in MC No. 321-02.4 The
precautionary measures are still in force to date and the IACHR continues to monitor compliance with them.
III.

POSITIONS OF THE PARTIES

A.

Position of the petitioners

3 See, IACHR, Report No. 32/05, Petition 642-03, Admissibility, Luis Rolando Cuscul Pivaral et al (Persons living with
HIV/AIDS), Guatemala, March 7, 2005. Available at: http://www.cIDH,oas.org/annualrep/2005sp/Guatemala642.03sp.htm
4 Precautionary measure No. 321-02 was granted on behalf of ten persons living with HIV/AIDS in 2002, who are not parties to
the case. Then, in April 2004, the 39 persons listed in the initial case petition were included in said precautionary measure.

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