persons living with HIV/AIDS were precluded from gaining access to health treatment because it was too
costly.
40.
The State noted that, in the context of the amparo suit for relief brought before the
Constitutional Court, the President of the Republic at the time held a meeting with the Sector Coordinator for
Combating AIDS, wherein he pledged to appropriate a half a million quetzals for treatment of persons living
with HIV/AIDS. It asserted that said amount of money was transferred to the National AIDS Program for the
treatment of 80 adults and 80 children, who were treated at State-run facilities.
41.
The State contended that, even though it did not directly provide medical treatment to
persons living with HIV/AIDS, different international non-profit organizations did provide it, such as Doctors
Without Borders and other donor agencies. The State recognized that “most of the treatment in the country is
assumed by Doctors Without Borders.”
42.
In June 2004, the State reported – in general terms and without providing documentary
support or individually identifying the alleged victims by name – on treatment that 26 persons were
supposedly receiving at Doctors Without Borders, Proyecto Vida, Coatepeque (11); Doctors Without Borders,
Yaloc Clinic (5); Doctors Without Borders of Coatepeque (4); Infectious Disease Clinic of Roosevelt Hospital
(1); Roosevelt Hospital Bristol Study (1); Guatemalan Institute of Social Security - IGSS (3); Military Hospital
(1). It also clarified that the 11 persons did not have access to medications.
43.
The State noted that as for the 11 persons, who still did not have treatment, their personal
information and addresses were transferred on an expedited basis to the Ministry of Public Health and the
Director of the National AIDS Program in order to be provided to the appropriate clinics and allocate the
antiretroviral drugs to them.
44.
In its submission of May 2005, the State claimed that the alleged victims could receive free
treatment at the Roosevelt or San Juan de Dios Hospitals, located in Guatemala City, with it “subsequently
being defined, based on results, whether they meet the minimum requirements to be able to gain access to
ARV medications in the country.” It contended that if they do not meet the minimum requirements, “they will
continue to be treated and once they meet the criteria (…) the necessary treatment will be started on them.”
45.
The State claimed to have taken several general steps toward comprehensive treatment for
all persons living with HIV/AIDS in Guatemala such as i) coordinating with Doctors Without Borders to take
on patient treatment; and ii) purchasing medications in the international and national arenas in order to
ensure extension of coverage to persons with HIV/AIDS.
46.
Subsequently, the State reported that beginning in 2006, persons who were treated by
Doctors Without Borders were being transferred to care financed by the Ministry of Health. It noted that
Doctors Without Borders stay in the country was the result of consensus-based planning with said Ministry.
47.
It indicated that for 2006, the budget allocated to the National AIDS Program was increased
to 20 million quetzals. It claimed: “this increase shows not only the good will, but a concrete action of
financial commitment to improve, decentralize and strengthen actions both of prevention and of treatment in
the country.”
48.
With regard to the alleged victims, the State reported that from 2006 to 2007, they were
moved to government-run treatment units in order to continue their treatment. It recognized that at first
some medications were in short supply but that strategies were put into place to remedy the situation.
Additionally, it recognized that after the transfer of patients, the persons had to go to Guatemala City to
receive their treatment. It indicated that eventually units were created in different areas of the country in
order to provide treatment service to persons living with HIV/AIDS.
49.
Additionally, the State noted that it had the support of the Global Fund project
“Intensification of Activities in HIV/AIDS Prevention and Integrated Care among vulnerable groups and in
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