reached.211 The obligation to provide the reasons for a ruling is a guarantee related to the
proper administration of justice that ensures to citizens their right to be tried for the
reasons established by law, while providing credibility to judicial decisions in a democratic
society.212 Based on the foregoing, the rulings adopted by the States’ domestic courts that
may affect human rights must be reasoned; to the contrary, they would be arbitrary.213 The
reasoning of a ruling should provide information on the facts, grounds and laws on which
the court has based itself to take its decision, so that any indication of arbitrariness can be
dismissed, while demonstrating to the parties that they have been heard during the
proceedings.214 Also, it should show that the arguments of the parties have been duly taken
into account and that all the evidence has been analyzed. 215
172. Regarding this case, the Court recalls that, on November 23, 2001, May 27, and June
10, 2002, the Asociación Coordinadora de Sectores de Lucha Contra el SIDA (ACSLCS), the
Ombudsman, and other organizations that represent people living with HIV/AIDS, sent three
letters in which they asked the State of Guatemala, through the President of the Republic
and the Ministry of Health, to provide medical care and antiretroviral treatment to everyone
diagnosed with HIV/AIDS, without receiving any response (supra para. 56). Due to the lack
of response from the President and the Minister of Health, on July 26, 2002, 22 people,
including 13 of the presumed victims, filed an application for amparo before the
Constitutional Court (supra para. 57). The applicants indicated that, as a result of this
refusal or omission by the President, the right to personal protection, the right to life, the
right of petition, the rights inherent to the individual, and the right to health had been
violated, and asked the Constitutional Court to decide the application for amparo promptly.
They also indicated that the State had the obligation to guarantee their right to life by a
policy of procurement and non-discriminatory, systematic and daily distribution of
antiretroviral drugs, preferably good quality generic drugs available on the market.
173. In response to the request the President authorized a special appropriation of five
hundred thousand quetzals (Q.500,000.00) to meet the requirements of people living with
HIV (supra para. 60). On October 29, 2002, the applicants acknowledged the willingness of
the President of Guatemala to respond to the requests made in the initial application by
allocating five hundred thousand quetzals for the care of people living with HIV. However,
they asserted that the reasons for filing the application for amparo subsisted, because the
antiretroviral treatment had not been initiated for everyone living with this diagnosis, as
treatment was only being provided to 27 of them (supra para. 60). To prove the connection
between the human rights violation claimed and the applicants for amparo, the applicants
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador. Preliminary objections, merits, reparations and
costs. Judgment of November 21, 2007. Series C No. 170, para. 107, and Case of Amrhein et al. v. Costa Rica.
Preliminary objections, merits, reparations and costs. Judgment of April 25, 2018. Series C No. 354, para. 268.
211
Cf. Case of Apitz Barbera et al. (“First Administrative Contentious Court”) v. Venezuela. Preliminary
objection, merits, reparations and costs. Judgment of August 5, 2008. Series C No. 182, para. 77, and Case of
Amrhein et al. v. Costa Rica. Preliminary objections, merits, reparations and costs. Judgment of April 25, 2018.
Series C No. 354, para. 268.
212
Cf. Case of Yatama v. Nicaragua. Preliminary objections, merits, reparations and costs. Judgment of June
23, 2005. Series C No. 127, para. 152, and Case of Ramírez Escobar et al. v. Guatemala. Merits, reparations and
costs. Judgment of March 9, 2018. Series C No. 351, para. 187.
213
Cf. Case of Claude Reyes et al. v. Chile. Merits, reparations and costs. Judgment of September 19, 2006.
Series C No. 151, para. 122, and Case of the Dismissed Employees of PetroPeru et al. v. Peru. Preliminary
objections, merits, reparations and costs. Judgment of November 23, 2017. Series C No. 344, para. 168.
214
Cf. Case of Apitz Barbera et al. (“First Administrative Contentious Court”) v. Venezuela. Preliminary
objection, merits, reparations and costs. Judgment of August 5, 2008. Series C No. 182, para. 78, and Case of
Ramírez Escobar et al. v. Guatemala. Merits, reparations and costs. Judgment of March 9, 2018. Series C No. 351,
para. 187.
215
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