20
I am forwarding a copy of the report issued, at our request, by the Public Prosecutor of the Judicial
District of Montecristi [June 27, 2000] with regard to the incident in which six Haitian nationals and
one Dominican national lost their lives […]
[…] there are elements that must be thoroughly and responsibly investigated by whichever
jurisdiction is finally empowered, and therefore, I specifically request that these elements be
incorporated into the case file and taken into account by the investigators and/or those responsible
for the criminal prosecution.
[…] We regret that we have not been able to benefit yet from the report issued by the commission
You named to look into these events, which would have provided this Office with a more complete
perspective on the current facts, considering that the Office of the Attorney General of the Republic
is not an entity entirely foreign to the military jurisdiction and that, furthermore, has the
responsibility to watch after the peace and well-being of the citizenry.
[…] The preceding notwithstanding, and given the various implications of the matter at hand, we
will not take part in the recent controversy regarding the legitimacy of the military justice system,
and limit ourselves to stating our conviction that in the present case, military justice must proceed
rigorously, energetically and with transparency in determining the responsibility of those involved
86
and impose commensurate sanctions.
86.
On July 19, 2000, the Civil Registry certified that there were death certificates of the
persons who died on June 18, 2000. In that regard, the various certificates established that:
[…] on July 18, 2000, [the] Public Health Official made an appearance […] and stated that on the
eighteenth day of June of the year two-thousand [Máximo Rubén de Jesús Espinal, Jacqueline
Maxime, Gemilar Alce, Rosalene Thermeus and Pardis Fortilus] died of (Autopsy Report under
Study), in Santiago.
[…] on July 18, 2000, [the] Public Health Official made an appearance […] and stated that on the
eighteenth day of June of the year two-thousand [Ilfaudia Dorzema and Nadege Dorzema] died as
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a result of a traffic accident in Santiago.
87.
On July 21, 2000, the Prosecutor of the Joint Armed Forces and National Police Court
Martial of First Instance issued an order remitting the case file to the judge with jurisdiction over
preliminary proceedings of the Joint Armed Forces and National Police Court Martial of First Instance in
order that he “adopt[ed] the necessary steps to close the case.”88
89
88.
On date unknown the judge with jurisdiction over the preliminary proceedings of the
Joint Armed Forces and National Police Court Martial of First Instance issued an order [providencia
calificativa], establishing that:
[…] [based on] the preliminary autopsy reports […] the [seven individuals killed on June 18, 2000]
died of gunshot wounds sustained in the early hours of 6-18-2000.
[…] due to the speed at which that vehicle was traveling it could not negotiate a sharp curve on the
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road and overturned and, as a result, caused the death of [the seven individuals]
86
Note submitted on July 19, 2000, by the Attorney General of the Republic to the Secretary of State of the Armed
Forces, State document dated September 20, 2010, Annex.
87
Excerpts of Certificates by the Civil Registry on July 19, 2000, State document dated September 20, 2010, Annex.
88
Subpoena Duces Tecum No. 13-(2000) issued by the Prosecutor of the Joint Armed Forces and National Police Court
Martial of First Instance and Decree No. 10 (2000) issued by the Joint Armed Forces and National Police Court Martial of First
Instance in preliminary proceedings, State document dated September 20, 2010, Annex.
89
The information provided by the State is incomplete because it does not include the resolution or the date it was issued.
90
Preliminary proceedings of the Joint Armed Forces and National Police Court Martial of First Instance, Proceedings No.
15-(2000), no date. State document dated September 20, 2010, Annex.