10 car with their high beams, and then they fired into the air and at the tires in an effort to make the truck 16 stop. The survivors’ version is that the military personnel fired at the body of the vehicle where the 17 persons were. In the military investigation of the facts, the authorities were able to determine that the truck had bullet holes in the rear cargo area and in the cabin of the truck but no impact whatsoever on the 18 tires. 55. Furthermore, the survivors contend that the troops knew that the truck was carrying 19 persons because the tarp covering the rear of the vehicle moved and it was a clear night. On the other hand, the troops maintain that the tarp did not move and that it was dark, and, therefore, they did not 20 know that the truck was carrying persons. 56. 21 wounds. Several persons were injured in that shooting and some of them suffered mortal 57. Several kilometers further down the road, in the Copey area, the truck overturned on the 22 side of the road trapping some persons underneath. The account provided by several survivors indicate 16 Interrogation of Cadet Bernardo de Aza Núñez. Preliminary proceedings of the Court Martial of First Instance, June 19, 2000, Petitioners’ document of May 5, 2009, Annexes 3 and 6. Interrogation of Johannes Paul Franco Camacho. Preliminary proceedings of the Court Martial of First Instance, July 18, 2000, Petitioners’ document of May 5, 2009, Annex 3. Preliminary proceedings of the Joint Armed Forces and National Police Court Martial of First Instancel, Proceeding No. 15-(2000), July 24, 2000. Petitioners’ document of May 5, 2009, Annex 1. Unidentified witness. Newspaper article in Diario Ultima Hora of June 19, 2000, Petitioners’ document of Devember 10, 2009, Annex 4. Interrogation of Johannes Paul Franco Camacho. Preliminary proceedings of the Court Martial of the First Instance, July 18, 2000, Petitioners’ document dated May 5, 2009, Annex 3. Preliminary proceedings of the Joint Armed Forces and National Police Court Martial of First Instancel, Proceeding No. 15-(2000), July 24, 2000. Petitioners’ document dated may 5, 2009, Annex 1. Unidentified witness. Reference made in the note from the Attorney General of the Armed Forces to the Secretary of State of the Armed Forces. State document dated July 13, 2007. Annex. 17 Testimony of Renaud Tima on September 22, 2007, Petitioners’ document dated December 10, 2009, Annex 16. Testimony of Sylvie Therméus on September 22, 2007, petitioners’ document dated December 10, 2009, Annex 14. 18 Preliminary proceedings of the Joint Armed Forces and National Police Court Martial of First Instance, Proceeding No. 15-(2000), pg. 8, July 24, 2000. Petitioners’ document dated May 5, 2009, Annex 1. Interrogation of Cadet Bernardo de Aza Núñez. Preliminaary proceedings of the Court Martial of First Instance, June 19, 2000, Petitioners’ document dated May 5, 2009, Annex 6. 19 Sworn testimony of Félix Antonio Núñez Peña on May 15, 2009, Petitioners’ document dated December 10, 2009, Annex 1. Lunar calendar for June 2000, SFA Moon Phase Calendar, Stephen F. Austin State University Observatory, Petitioners’ document dated May 5, 2009, Annex 5. 20 Interrogation of Cadet Bernardo de Aza Núñez. Preliminary proceedings of the Court Martial of First Instance, June 19, 2000, Petitioners’ document dated May 5, 2009, Annexes 3 and 6. Interrogation of Johannes Paul Franco Camacho, Preliminary proceedings of the Court Martial of First Instance, July 18, 2000, Petitioners’ document dated May 5, 2009, Annex 3. Joint Armed Forces and National Police Courts Martial of the First Instance, Proceeding No. 15-(2000), July 24, 2000. Petitioners’ document dated May 5, 2009, Annex 1. Unidentified witness. Newspaper article in Diario Ultima Hora of June 19, 2000, Petitioners’ document dated December 10, 2009, Annex 4. Interrogation of Johannes Paul Franco Camacho. Preliminary proceedings of the Court Martial of First Instance, July 18, 2000, Petitioners’ document dated May 5, 2009, Annex 3. Preliminary proceedings of the Joint Armed Forces and National Police Court Martial of the First Instance, Proceeding No. 15-(2000), July 24, 2000. Petitioner’s document dated May 5, 2009, Annex 1. Unidentified witness. Reference made in the note of the Attorney General of the Armed Forces to the Secretary of State of the the Armed Forces. State document dated July 13, 2007. Annex. 21 Preliminary Autopsy Report issued by the Regional Forensic Medicine Institute, Petitioners’ document dated May 5, 2009, Annexes 2 and 6. “Body of an adult male, young, mixed race, brown complexion…..Manner of death: HOMICIDE. Conclusion: The death of the man described, identified as MÁXIMO RUBEN DE JESUS ESPINAL was due to HEMORRHAGE AND DIFFUSE CEREBRAL LACERATION CAUSED PRODUCED BY GUNSHOT WOUND (1), whose effects were essentially fatal.” Death Certificate of Máximo Rubén Espinal dated June 18, 2000, Office of the Attorney General, Judicial District of Montecristi. Petitioner’s document dated December 10, 2009, Annex 3. “…presents contusion from gunshot wound in the occipital region with no exit. Fatal”. Testimony of Félix Antonio Núñez Peña on May 15, 2009, Petitioners’ document dated December 10, 2009, Annex 1. Sworn testimony of Félix Antonio Núñez Peña on May 15, 2009, Petitioners’ document dated December 10, 2009, Annex 1. Death Certificate of Máximo Rubén Espinal. Petitioners’ document dated December 10, 2009, Annex 3. National Police of Montecristi communication dated June 18, 2000; Petitioners’ document dated December 10, 2009. Annex 2. Testimony of Celafoi Pierre on September 22, 2007, Petitioners’ document dated December 10, 2009, Annex 17. 22 Sworn testimony of Félix Antonio Núñez Peña on May 15, 2009, petitioners’’ document dated December 10, 2009, Annex 1. Testimony of Sylvie Therméus on September 22, 2007, Petitioners’ document dated December 10, 2009, Annex 14. Petitioners’ document dated May 5, 2009, Annex 18. Testimony of Rose Marie Dol on September 22, 2007, Petitioners’ document dated December 10, 2009, Annex 15. Testimony of Renaud Tima on September 22, 2007, Petitioners’ document dated December 10, 2009, Annex 16. Petitioners’ document dated May 5, 2009, Annex 17. Testimony of Joseph Pierre on September 22, 2007, Petitioners’ document dated December 10, 2009, Annex 18. Testimony of Joseph Desravine on September 22, 2007, Petitioners’ document dated December 10, 2007, Annex 19. Testimony of Rose Marie Dol on September 22, 2007, Petitioners’ document dated December 10, 2009, Annex 15. Manuel Azcona, Witnesses say that the Guayubín case ws an execution, June 30, 2000, newspaper Listín Diario, Petitioners document dated May 5, 2009, Annex 20. Testimony of Sylvie Therméus on September 22, 2007, Continúa…