violated the rights to judicial guarantees and to effective judicial protection of 13 presumed victims. Lastly, (v) the Court will determine whether the State violated the right to personal integrity of the next of kin of the presumed victims as a result of the suffering that may have been caused by the medical care received by their family members. VIII-1 RIGHT TO HEALTH, TO PERSONAL INTEGRITY AND TO LIFE IN RELATION TO THE OBLIGATIONS TO RESPECT AND ENSURE RIGHTS (ARTICLES 26, 56 4,57 558 AND 1(1)59 OF THE AMERICAN CONVENTION) A. Arguments of the Commission and the parties 65. The Commission examined the merits on two different occasions: first, with regard to the situation prior to 2006/2007, when it alleged that the State had not provided any kind of medical care to the presumed victims, and had not performed the required tests or delivered antiretroviral drugs, which had a serious impact of their health and, consequently, resulted in a violation of their right to life, in some cases in both dimensions of this right (Article 4(1) in relation to Article 1(1)), and to personal integrity (Article 5(1) in relation to Article 1(1)). In this regard, the Commission alleged that the State was responsible for violating the right to life (Article 4(1) in relation to Article 1(1)), because some presumed victims had died due to opportunistic infections as a result of the lack of comprehensive treatment of their HIV, and responsible for violating the right to personal integrity (Article 5(1) in relation to Article 1(1)), owing to the suffering experienced by the presumed victims. 66. Second, the Commission examined the situation after 2006/2007, concluding that, even though the State had implemented some treatment in the public sector for people living with HIV, this treatment had not met the minimum standards to be considered Article 26 of the Convention stipulates: “Progressive Development. The States Parties undertake to adopt measures, both internally and through international cooperation, especially those of an economic and technical nature, with a view to achieving progressively, by legislation or other appropriate means, the full realization of the rights implicit in the economic, social, educational, scientific, and cultural standards set forth in the Charter of the Organization of American States as amended by the Protocol of Buenos Aires.” 56 Article 4 of the Convention establishes: “Right to Life. 1. Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life. 2. In countries that have not abolished the death penalty, it may be imposed only for the most serious crimes and pursuant to a final judgment rendered by a competent court and in accordance with a law establishing such punishment, enacted prior to the commission of the crime. The application of such punishment shall not be extended to crimes to which it does not presently apply. 3. The death penalty shall not be reestablished in states that have abolished it. 4. In no case shall capital punishment be inflicted for political offenses or related common crimes. 5. Capital punishment shall not be imposed upon persons who, at the time the crime was committed, were under 18 years of age or over 70 years of age; nor shall it be applied to pregnant women. 6. Every person condemned to death shall have the right to apply for amnesty, pardon, or commutation of sentence, which may be granted in all cases. Capital punishment shall not be imposed while such a petition is pending decision by the competent authority.” 57 Article 5 of the Convention stipulates: “Right to Humane Treatment: 1. Every person has the right to have his physical, mental, and moral integrity respected. 2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person. 3. Punishment shall not be extended to any person other than the criminal. 4. Accused persons shall, save in exceptional circumstances, be segregated from convicted persons, and shall be subject to separate treatment appropriate to their status as unconvicted persons. 5. Minors while subject to criminal proceedings shall be separated from adults and brought before specialized tribunals, as speedily as possible, so that they may be treated in accordance with their status as minors. 6. Punishments consisting of deprivation of liberty shall have as an essential aim the reform and social readaptation of the prisoners.” 58 Article 1(1) of the Convention establishes: “1. The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.” 59 22