9 7 their powers in actions that result in the death of the victims. Furthermore, the IACHR has taken note that in several of these cases the victims of extrajudicial executions have been killed while being unarmed 8 and defenseless. The Commission has also concluded that the State did not adequately investigate 9 those extrajudicial executions, nor did it prosecute and punish the responsible individuals. Based on the preceding, the Commission urged the State “to adopt urgent measures to fully investigate these violations of the right to life” so that those responsible be brought to trial and punished by the ordinary justice 10 system.” 52. Lastly, the Inter-American Court of Human Rights, based on the report submitted by the Dominican Republic to the United Nations Human Rights Committee in 2002, considered it a fact that the State asserted that its primary concern was “to combat exclusion and social inequality, seeking 11 mechanisms to integrate the whole society and put behind, once and for all, old anti-Haitian practices.” In this regard, in the report issued following his visit to the Dominican Republic, the United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia, and related forms of intolerance, concluded that massive expulsions, deportations and the mistreatment of 12 immigrants are due to the fact that “there is racism and racial discrimination in Dominican society.” With regard to the events of June 18, 2002, and the days that followed 53. Around 3:00 a.m. on June 18, 2000, in the northern border between Haiti and the Dominican Republic, in the Santa María area of the Dominican Republic, a yellow Daihatsu vehicle 13 carrying 37 Haitian nationals was heading toward Los Cerros de Gurabo . Two Dominican nationals were in the cabin and, in the rear of the vehicle which was covered by a tarp, were the Haitian 14 nationals.” 54. When the vehicle reached the customs checkpoint at Botoncillo, personnel from the Border Intelligence Operations Department in Montecristi (hereinafter “DOIF”), together with other army troops, ordered the driver of the truck to stop, but the driver ignored the order and that was the reason why military personnel pursued the vehicle for several kilometers in a patrol (wagon) from which they 15 opened fire. The version of the military personnel involved in the pursuit is that, first, they signaled the 7 Inter-American Commission on Human Rights. Report on the human rights situation in the Dominican Republic, OEA/Ser.L/V/II.104, Doc. 49 rev. 1, October 7, 1999, par. 138, 142 and 469. 8 Inter-American Commission on Human Rights. Report on the human rights situation in the Dominican Rpublic, OEA/Ser.L/V/II.104, Doc. 49 rev. 1, October 7, 1999, par. 141. 9 Inter-American Commission on Human Rights. Report on the human rights situation in the Dominican Republic, OEA/Ser.L/V/II.104, Doc. 49 rev. 1, October 7, 1999, par. 140 and 470. 10 Inter-American Commission on Human Rigths. Report on the human rights situation in the Dominican Republic, OEA/Ser.L/V/II.104, Doc. 49 rev. 1, October 7, 1999, par. 470. Follow up report to the IACHR recommendations on the human rights situation in the Dominican Republic, 2001, par. 45. 11 United Nations, Human Rights Committee, Comments by the Government of the Dominican Republic on the final observations of the Human Rights Committee, UN Doc. CCPR/CO/71/DOM/Add.1, May 28, 2002, par. 46. Cited by Court in the consideration of facts section in I.A Court H.R, Case of the Yean Girls and Bosico Vs. Dominican Republic. Preliminary Exceptions, Merits, Reparations and Costs. Judgment issued September 8, 2005. Serie C No. 130, par. 109.4. 12 United Nations Human Rights Council. Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia, and related forms of intolerance, Doudou Diène, and of the independent expert on minority matters, Gay McDougall. A/HRC/7/19/Add.5. A/HRC/7/23/Add. 3. March 18, 2008. 13 Sworn testimony given by Félix Antonio Núñez Peña on May 15, 2009. Petitioners’ document of December 10, 2009, Annex 1. 14 Summary Court of the Joint Armed Forces and National Police Court Martial of First Instance, Proceedings No. 15(2000), July 24, 2000, Communique of June 18, 2000, National Police of Montecristi, Interrogation of Johannes Paul Franco Camacho and of Feliz Ant. Núñez Peña in Preliminary proceedings of the Court Martial of First Instance, July 18, 2000, Interrogation of Cadet Bernardo de Aza Núñez in preliminary proceedings of the Court Martial of First Instance, June 19, 2000; Interrogation Michel Frances, in preliminary proceedings of the Court Martial of First Instance, July 17, 2000; in Petitioners’ document of May 5, 009, Annexes 1, 2, 3, 4, 6, 12. 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. 15 Testimony of Sylvie Therméus, Rose Marie Dol, Renaud Tima, Celafoi Pierre and Joseph Pierre given on September 22, 2007. Petitioners’ document of December 10, 2009, Annexes 14, 15, 16, 17 and 18. Sworn testimony of Félix Antonio Núñez Peña given May 15, 2009 and newspaper article “The official version of the Armed Forces”, Diario Última Hora June 19, 2000, in petitioners’ document dated December 10, 2009, Annexes 1 and 4. 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.