109. In this case, it has been proved that nine people were transferred to the José María
Cabral Báez Regional University Hospital, and at least five were hospitalized; however,
according to the testimony of the Director General of this hospital, the “Haitians were not
received or treated by this hospital” (supra paras. 50 and 51). Nevertheless, during the
public hearing, the State claimed to have provided care to the wounded at this hospital.
According to testimony, some of the wounded left the hospital of their own accord, without
even their departure being recorded.161 The foregoing reveals that the failure to register the
entry into and exit from the health center, the lack of medical care for five seriously injured
victims, and the failure to diagnose their condition and prescribe treatment,162 denote
omissions in the attention that should have been provided to the injured in order to respect
and ensure their right to personal integrity, in violation of Article 5(1) in relation to Article
1(1) of the Convention.
110. Furthermore the Court observes that special protection was never provided to Roland
Israel, based on his condition as a minor, or to Silvie Therméus, who was pregnant,
situations that increased the violation of their physical, mental and moral integrity (supra
paras. 54 and 73).
c) Treatment of the deceased and their corpses
111. As has been proved in this case, the surviving victims themselves were the ones who
placed the bodies of their deceased comrades in the ambulance. 163 In this regard, Rose
Marie Dol indicated that “they made [them] lift the dead and put them in ambulances.”164
While Joseph Desravine stated that “the survivors […] lifted the bodies of the deceased who
were under the truck and aligned them on the ground.”165
112. The photographic evidence in the case file shows that the corpses were laid
haphazardly on the floor of a room in the morgue, with their clothing torn and in positions
that could facilitate their rapid decomposition.166
113. Also, the corpses of the Haitians who died were buried in a mass grave (supra para.
52). The Dominican national was not buried in that grave. According to the testimony of one
of the victims, Sonide Nora, they themselves buried “the bodies of the dead in a mass grave
in Dominican Republic.”167 Also, Vivandieu Dorzema, Nadege Dorzema’s brother, indicated
that “with great distress […he] had dug the mass grave where Nadege would be buried.”168
161
According to the testimony of the victim Noclair Florvilien, when he was in the hospital, a friend of his went
to find him in order to take him to a doctor who would provide him with first aid, without anyone recording his
departure, because his entry into the hospital had not been registered. Cf. Statement made by Noclair Florvilien
during the public hearing. Similarly, Joseph Desravine indicated that once they were in the hospital, he decided to
escape by a small opening to go and look for his family members. Affidavit prepared by Joseph Desravine, supra,
folio 567.
162
In response the questions posed by the Court during the public hearing, the State referred to article 34 of
the General Hospital Regulations of the Dominican Republic (Decree No. 351-99), which establish that every
hospital must have a patient registration and information system that includes the following: (a) Daily record of
admissions and departures; (b) Medical history of each patient; (c) Record of deaths, detailing the diagnosis on
entry and the cause of death; (d) Record of admissions; (e) Record of transfers and departures (the State’s brief
with final written arguments, merits file, folio 959).
163
Cf. Affidavit prepared by Pedro Ureña, supra, folio 575.
164
Cf. Testimony provided by Rose Marie Dol, supra, folio 1585.
165
Cf. Affidavit prepared by Joseph Desravine, supra, folio 568.
166
Cf. File of annexes to the pleadings and motions brief, tome IV, folios 2542 to 2548.
167
Cf. Affidavit prepared by Sonide Nora, supra, folio 572
168
Affidavit prepared by Vivandieu Dorzema on February 24, 2011 (file of annexes to the pleadings and
motions brief, tome V, folio 2995).
34
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