53. On June 20, 2000, the Regional Forensic Pathology Institute issued preliminary reports
on the cause of death of seven persons. The reports indicate that the case relates to “illegal
Haitians.”89
3. Detention and expulsion
54.
On June 18, 2000, after the truck overturned, 11 survivors were arrested. 90 Since no
official record was made of the arrest of all these persons, the Court only has information on
the identification of the following seven people: Rose Marie Dol, Sylvie Felizor, Rose-Marie
Petit-Homme, Renaud Tima, Selafoi Pierre, Joseph Pierre and the minor Roland Israel, who
were taken to the Border Intelligence Operations Post in Montecristi.91 Some hours later, on
the same June 18, 2000, the detainees were taken to a military barracks in Dejabón.
55.
In the Dejabón military barracks, soldiers at the barracks threatened the detainees
that they would be forced to work in the fields or they could give money to the said soldiers
in exchange for being taken to the border with Haiti. In response, the detainees made a
collection to give to the soldiers, who, during the afternoon of the same day transferred
them to Ouanaminthe (Wanament) in Haiti.92 According to statements made by the
detainees, they were not formally placed under arrest, they were not informed that they had
done something forbidden or illegal, and they were not allowed to contact a lawyer or the
Haitian embassy or any other person.93 Moreover, the Haitian men, women and the child
were not separated during their detention and they did not receive differentiated treatment
based of their condition.94
4. Regarding the proceeding in the military jurisdiction
56.
On June 19, 2000, the Secretary of State for the Armed Forces ordered a Joint Board
of General Officers of the Armed Forces to begin a “thorough and comprehensive”
investigation of the facts of the case.95
89
Preliminary autopsy reports of the Regional Forensic Pathology Institute of June 20, 2000, supra, folios
1598 to 1613.
90
Cf. note of the Director of Intelligence of SEFA of June 18, 2000, supra, folio 1646, and note of the
Commander of the 10th Infantry Battalion of June 18, 2000, supra, folio 846.
91
Cf. Testmony of Sylvie Felizor, supra, folio 1584; Testmony of Rose Marie Dol, supra, folio 1585; Testmony
of Selafoi Pierre, supra, folio 1587; Testmony of Joseph Pierre, supra, folio 1588; Testmony of Rose-Marie PetitHomme, supra, folio 1639; Affidavit prepared by Joseph Pierre, supra, folios 565. However, according to a note of
the Commander of the 10th Infantry Battalion of June 18, 2000, the persons detained were sent to the Immigration
Office in Dejabón, to then be returned to their territory, supra, folio 846.
92
From the evidence provided to the case file, the Court observes that Sonide Nora and Josier Maxime, who
were hospitalized, were expelled subsequently, together with those who were detained in the Dejabón military
barracks. The Court has no information on what happened to Alphonse Oremis and Honorio Winique. Cf. Testmony
of Sylvie Felizor, supra, folio 1584; Testmony of Rose Marie Dol, supra, folio 1585; Testmony of Renaud Tima,
supra, folio 1586; Testmony of Selafoi Pierre, supra, folio 1587; Testmony of Joseph Pierre, supra, folio 1588;
Testmony of Rose-Marie Petit-Homme, supra, folio 1639, Affidavit prepared by Joseph Pierre, supra, folio 565;
Affidavit prepared by Sonide Nora, supra, folio 572, and Statement made by Josier Maxime during the public
hearing. Also, no evidence was provided to the case file that Winique Honorio and Alphonse Oremis had been
detained and/or expelled from Dominican Republic.
93
Cf. Affidavit prepared by Joseph Pierre, supra, folio 565; Affidavit prepared by Joseph Desravine, supra,
folio 569 and Affidavit prepared by Sonide Nora, supra, folio 572.
94
Cf. Affidavit prepared by Joseph Pierre, supra, folio 565. Regarding the detention of the truck driver, the
Court is aware that Mr. Núñez Peña was sent to the J-2 Department of the Secretariat of State for the Armed Forces
to be investigated. See note of the Commander of the 10th Infantry Battalion of June 18, 2000, supra, folio 846.
95
Cf. Report of the Joint Board of General Officers of the Armed Forces of June 23, 2000 (file of proceedings
before the Commission, tome II, folio 837).
20