28.
Mr. Cupertino Ramírez was born on April 6, 1970, in Suchitepequez, Guatemala. He
lived the Buena Vista Sector. He was a farmer and did not know how to read and write. He
was diagnosed in the Mazatenango Hospital in 2003. He was registered with the Coatepeque
National Hospital, with the MSF project, under which he began to receive antiretroviral
treatment on June 9, 2004. He suffered from anorexia, pharyngitis, mycosis, syphilis and
genital herpes. He did not undergo CD4 counts regularly and he was not tested for viral
load. His partner left him owing to his illness; his four children also left him, and when he
went out people on the street called him “sidoso” [Note: SIDA is the Spanish for HIV]. He
died of asphyxiation due to drowning on January 8, 2013.288
29.
His family unit consisted of his cousins Victoria Ramírez Ramos and Valvino Ramírez
Sabat and his uncle Valvino Ramírez Ramos.289
B. Presumed victims who are alive
B.1. Sebastián Emilio Dueñas
30.
Mr. Dueñas was born in the municipality of Retalhuleu, department of Retalhuleu,
Guatemala, on January 18, 1955. He lives in the village of Xab del Asintal, Retalhuleu. His
schooling ended after third year of primary education. He was diagnosed with HIV in 2002
by a private laboratory. Before his diagnosis he was a farmer and now he is a tradesman.
He began his antiretroviral treatment with MSF’s Proyecto Vida on December 12, 2002.
Subsequently, he was transferred to Clinic No. 12 of the Coatepeque Hospital. He has not
had regular access to CD4 counts, viral load tests or treatment for opportunistic diseases,
which is revealed by his oral fungal infection. He has suffered from recurrent oral
candidiasis, upper respiratory infection and diarrhea.290 He indicated that he had been
pointed out by others attending Clinic No. 12, who had referred to people living with HIV as
“the AIDS people over there.” He received psychological support every three months, and
also from a self-help group on treatment adherence, as well as talks to avoid reinfection,
using condoms.291
31.
His family unit consists of his wife Julia Aguilar, his daughters Lucrecia Izabel and
Eva, both Dueñas Aguilar and his son Fredy Dueñas Aguilar or José Alfredo Ramón
Aguilar292.
B.2. Julia Aguilar
Table with updated information collected by Dr. Cristina Calderón, as an annex to the petitioners’ brief of
June 27, 2008 (evidence file, folio 12776); the petitioners’ brief of August 7, 2009 (evidence file, folio 829); table
with information collected by Dr. Cristina Calderón through interviews in November 2010 (evidence file, folio
12786), and Affidavit prepared by Victoria Ramírez Ramos on February 11, 2017 (evidence file, folio 11812).
288
The petitioners’ brief of September 30, 2011 (evidence file, folio 1363), and list annexed to the IACHR
Merits Report of April 13, 2016 (evidence file, folio 12769).
289
Birth certificate of Sebastián Emilio Dueñas (evidence file, folio 12866); Affidavit prepared by Julia Aguilar
on December 20, 2016 (evidence file, folio 11648); the petitioners’ brief of August 7, 2009 (evidence file, folio
823); table with information collected by Dr. Cristina Calderón through interviews in November 2010 (evidence file,
folio 12791), and Affidavit prepared by Sebastián Emilio Dueñas on February 9, 2017 (evidence file, folio 11809).
290
Affidavit prepared by Sebastián Emilio Dueñas on February 9, 2017 (evidence file, folios 11807 to 11809),
and table with information collected by Dr. Cristina Calderón through interviews in November 2010 (evidence file,
folio 12791).
291
The petitioners’ brief of September 30, 2011 (evidence file, folio 1361), and list annexed to the IACHR
Merits Report of April 13, 2016 (evidence file, folio 12767).
292
96