the remaining 26 beneficiaries were allegedly receiving medical care,
while 10 received no health care whatsoever. They also accused the
State of non-compliance with the precautionary measures in that it was
delegating responsibility for the provision of medical care to third-party
organizations, such as Doctors Without Borders, which are not public
sector entities10 and whose services are time-limited. Therefore, the
petitioners reiterate their request that Guatemala’s indifference and
procrastination with respect to this situation not be allowed to continue.
B.
Position of the State
22.
The State’s initial response to the Commission was provided in
the Report of the Government of the Republic of Guatemala on the
implementation of precautionary measures and its answer to the petition
drafted by the Presidential Commission for the Coordination of Executive
Human Rights Policy. The document argues that the State has fulfilled
its obligations towards the petitioners, as evidenced by the fact that 39
of them are said to be receiving appropriate medication. The State
describes the following distribution of the drugs in question:
Antiretroviral Drug Project
Doctors Without Borders, "Project Life",
Coatepeque
Doctors Without Borders, The Yaloc
Clinic
Doctors Without Borders of Coatepeque
Infectious
Disease
Clinics
of
the
Roosevelt Hospital
The Roosevelt Hospital Bristol Study
Guatemalan Institute of Social Security –
IGSS
The Military Hospital
Without Access to Pharmaceuticals
Beneficiaries
11
5
4
1
1
3
1
1111
10 Coverage is mainly provided by institutions or organizations such as Doctors
Without Borders. Communication received from the petitioners on August 17, 2004.
11 The State declares that the names, addresses, and other details of the 11 persons
who have not as yet received any treatment have been referred on a priority basis to
the Ministry of Public Health and to the Director of the National AIDS Program.
8
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