18. They noted that, subsequently, the public health service was expanded to the regions of Coatepeque, Quetzaltenango and Izabal. The petitioners claimed that the health of those persons not regularly receiving the necessary drugs has deteriorated. It was also pointed out that some of the alleged victims, who were women, endured pregnancy without the proper treatment and were unable to adequately monitor the health status of the babies they gave birth to. 19. With regard to a chart submitted by the State on the health status of the alleged victims, the petitioners raised different issues. They contended that said chart offered inaccurate, incomplete and incorrect information, only noting that the alleged victims “are in good health.” The petitioners add that it is worrying that the State does not report on what adequate and effective steps it has taken to learn of the individual status of each alleged victim, as well as to verify that each one is receiving adequate treatment. 20. They argued that the State’s information does not mention any of the recent changes in the treatment plan of several persons nor does it report the dates when the most recent viral load and CD4 cell count tests were performed. They further alleged that it did not report on any of the different opportunistic diseases affecting almost all of the victims. 21. They claimed that the State even reported on one person who is not an alleged victim in the case and gave incorrect information about the place of treatment of another person, which stands as evidence of its lack of interest in providing adequate medical treatment to the alleged victims. They contended that in the hospitals where several of the alleged victims receive treatment, no antiretroviral drugs are provided. 22. Regarding the thirteen persons, for whom the State indicates that it has no information,5 the petitioners noted that it is troubling that the State does not have access to the information and that adequate and effective mechanisms are not in place to learn of the individual status of each one of them. 23. The petitioners reported that they conducted an evaluation of the clinical files of each of the alleged victims as well as directly interviewing them. They contended for the most part that their treatment is incomplete and they identified the following common issues: i) lack of capacity of State authorities to conduct their own diagnosis of the disease, compelling them to resort to private institutions in order to test; ii) lack of adequate and comprehensive treatment; iii) the fact that CD4 cell count and viral load testing is not performed regularly and, in some instances, no records are available of any testing ever being performed; iv) the fact that the clinical files are incomplete; and v) the lack of necessary psychological assistance. 24. They noted that the Presidential Human Rights Commission itself held in 2008 that “one of the situations being monitored is assistance to [HIV/AIDS] patients in treatment facilities, inasmuch as there is evidence of failures in this regard.” They additionally asserted that in 2010, nearly 300 complaints were filed with the Special Human Rights Ombudsman for lack of access to antiretroviral drugs. They claimed that in October, the Human Rights Ombudsman denounced problems of short supply and expired antiretroviral drugs, as well as lack of viral load and CD4 cell count test kits. 25. With regard to the right to life, the petitioners alleged that the State violated this right of the eight alleged victims, who died as a result of the State failing to provide medical care to treat the diseases that afflicted them as a consequence of HIV/AIDS.6 They argued that the information gathered by Dr. Calderon, who is a petitioner in the case, regarding the deterioration of the health of the alleged victims and the causes of their deaths, serves to corroborate that all eight persons died from opportunistic infections such as tuberculosis or pneumonia. The petitioners contended that such infections arise when the patients’ defenses are low, which proves that the treatment regime being received by them was inadequate. They argued that 5 Facundo Gómez, Reina López, Ismar Ramírez, Alberto Quiché, Rita Dubón, Luis Cruz, Israel Pérez, Karen Samayoa, Sandra Zepeda, Santiago Valdéz, Félix Cabrera, Silvia Álvarez, and Teresa Ramírez. 6 Alberto Quiché Cuxeva, Facundo Gómez Reyes, Reina López Mujica, Ismar Ramírez Chajón, Petrona López González, Rita Dubón Orozco, Luis Cruz and María Vail. 4

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