Totonicapán, Centro de Salud de Campur y Centro de Salud de San Pedro Carcháno) submitted official letters
indicating that they had antiretroviral medicines available for the prevention and treatment of HIV/AIDS.66
94.
In its latest communication on the merits, the State made reference to different general
measures that it took with regard to persons with HIV/AIDS, such as i) the National Strategic Plan for the
Prevention, Treatment and Control of Sexually Transmitted Diseases, HIV and AIDS 2011-2015; ii) the issuing
of Ministerial Decision No. 472-2012 of August 13, 2012 wherein the supply of the medication
Lopinavir/Ritonavir would be ensured for patients in the National Program of Prevention and Control of
Sexually Transmitted Diseases, HIV and AIDS (National Program); and iii) the issuing of Ministerial Decision
No. 871-2012 of September 26, 2012, whereby the framework of cooperation between countries was
approved for supply of and access to antiretroviral drugs that are used by the National Program.67
95.
In December 2010, Johana Castillo, the head of the HIV Unit of the Office of the Ombudsman
for Human Rights stated that during that year, 82 complaints were received by persons with HIV/AIDS for
lack of medications.68 She noted that at that same time, local organizations that protect the rights of these
persons received 209 complaints with the same allegations.69
96.
Based on information of public knowledge, on October 15, 2012, the Office of the
Ombudsman for Human Rights denounced “the violation of the human right to health, on the grounds of a
lack of integrated care and access to medicine that patients living with HIV/AIDS are subjected to
nationwide.”70 It also charged that that violation is being committed by the Ministry of Health, “in not
coordinating actions to provide integrated treatment and distribute medicine to patients with sexually
transmitted infections.”
97.
Additionally, the Human Rights Ombudsman at the time, Sergio Morales, claimed that there
were expired medications at different public hospitals.71 He contended that “plasma viral load and T
lymphocyte CD4 cell count testing, which is essential for using the medication” was not being performed. 72
He also recognized that in 2010, there has been short supply of retroviral drugs.73
B.
Law
66
Annex 19. Written submissions dated September 9, 11 and 16, 2008. Annex to petitioners’ communication of September 20,
67
Annex 20. State’s submission of November 26, 2012.
2008.
68 Press article “Acceso a medicamentos es un derecho violentado” [‘Access to medicine is an infringed right’], published in
Prensa Libre on December 8, 2012. Available at: http://www.prensalibre.com/noticias/Acceso-medicamentos-derechoviolentado_0_386361385.html
69 Press article “Acceso a medicamentos es un derecho violentado” [‘Access to medicine is an infringed right’], published in
Prensa Libre on December 8, 2012. Available at: http://www.prensalibre.com/noticias/Acceso-medicamentos-derechoviolentado_0_386361385.html
70 Press article “Acceso a medicamentos es un derecho violentado” [‘Access to medicine is an infringed right’], published in
Prensa Libre on December 8, 2012. Available at: http://www.prensalibre.com/noticias/Acceso-medicamentos-derechoviolentado_0_386361385.html
71 Press article “PHD denuncia escasez de retrovirales” [‘PHD denounces scarcity of retrivirals’], published in Prensa Libre on
October 25, 2012. Available at: http://www.prensalibre.com/noticias/PDH-denuncia-escasez-retrovirales_0_359964030.html
72 Press article “PHD denuncia escasez de retrovirales” [‘PHD denounces scarcity of retrivirals’], published in Prensa Libre on
October 25, 2012. Available at: http://www.prensalibre.com/noticias/PDH-denuncia-escasez-retrovirales_0_359964030.html
73 Press article “PHD denuncia escasez de retrovirales” [‘PHD denounces scarcity of retrivirals’], published in Prensa Libre on
October 25, 2012. Available at: http://www.prensalibre.com/noticias/PDH-denuncia-escasez-retrovirales_0_359964030.html
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