would repeal said decree on July 8, 2004.60 On December 21, 2004, Decree No. 34-2004 was enacted, which repealed Decree 9-2003. Then on March 7, 2005, Decree 30-2005 was enacted, which repealed the latter decree and amended Article 177. The petitioners claimed that this decree is not applicable to cases of HIV/AIDS, inasmuch as the disease has been declared a national emergency by the President of the Republic.61 They further argued that because of this status, the distribution of generic drugs is banned for the treatment of persons living with HIV/AIDS. 4. Available information on HIV/AIDS treatment in Guatemala subsequent to 2006 89. The petitioners noted that in October 2006, the alleged victims started to receive antiretroviral treatment from private entities and not from the State.62 90. In a communication of September 30, 2008, the State attached communications from the NGO the Marco Antonio Foundation, in which it was noted that 23 of the alleged victims were receiving treatment and are in good health.63 91. In June 2008, Mr. Félix Cabrera, one of the alleged victims stated: (…) as a person living with HIV, the short supply greatly affects me, I was going through difficult times in my personal, emotional, economic and psychological life, which led me to take the antiretroviral therapy though none was in stock in any case and when there was access to it the side effects were unbearable (…) After a year of going through very difficult health situations and despite the fear of starting the antiretroviral therapy back up again, in January 2008, I restarted the antiretroviral drugs [treatment] but I have growing anxiety that the IGSS once again stops purchasing ARV.64 92. In a press release of 2008, the Marco Antonio Foundation charged that “the publication and sanctioning of Decree No. 70-2007 of the Congress of the Republic, published on December 18, 2007 for the 2008 General Budget of the Nation, (…) violates the right to health and life, in removing (…) from the budget [the funding] to provide integrated care to 1050 persons affected by the HIV epidemic.”65 It further contended that: (…) people are very aware of the many problems faced by the nation’s hospitals, and the previous disruptions of treatments that they have had last year, additionally they do not have the capacity to cope with treating these patients. Denying this chance to ensure these services would only have the effect of increasing and saturating the services, as well low quality services. 93. From September 9 to 16, 2008, different hospitals (Centro de Salud de Amatitlán, Hospital Nacional de San Marcos, Hospital Nacional de Retalhuleu, Hospital Nacional de Jutiapa, Centro de Salud de 60 Annex 13. Petitioners’ communication of August 16, 2004. 61 Annex 15. Petitioners’ communication of August 30, 2007. 62 Annex 15. Petitioners’ communication of August 30, 2007. Annex 16. Communications of the Marco Antonio Foundation dated January 29 and February 5, 2008. Annex to State’s submission of September 30, 2008. 63 64 Annex 17. Written Submission of Félix Cabrera Morales of June 2008. Annex to petitioners’ submission of June 27, 2008. 65 Annex 18. Petitioners’ communication of September 20, 2008. 23