people, because the tarpaulin that covered them moved or lifted up, the night was clear,
and they were constantly crying out, asking for help.64 For their part, the soldiers stated that
the tarpaulin was fixed, the area was dark, and they never heard cries or saw movement
under the tarpaulin.65
46.
Some kilometers further down the road, in the Copey section, the truck overturned at
the side of the road, and some people were trapped under the vehicle.66 According to the
truck driver, the moisture from the blood from the gunshot wound suffered by Mr. Espinal,
added to the nervousness of the moment, caused him to lose control of the truck on a curve
and the vehicle to overturn.67 When the soldiers entered the curve, the driver of the patrol
car lost control of his vehicle, which hit the overturned truck.68
47.
The driver and the surviving victims stated that when the soldiers arrived at the site
where the truck had overturned and saw that several of the people who had been in the
truck were running away owing to the tenseness of the situation, they opened fire on
them.69 Specifically, Mr. Nuñez Peña stated that he still recalls the terrifying image [of the]
moment when a Haitian woman who was trying to get through a barb wire fence […] was
shot, as well as two other Haitians who were attempting to flee the scene and who were
killed.”70 However, according to the testimony of the soldiers, when they arrived at the site
of the overturned truck, and saw that some of the people who had been in the truck were
beginning to flee, they fired shots in the air.71
64
Cf. Affidavit prepared by Félix Antonio Núñez Peña, supra, folio 1549; Interrogation of Félix Antonio Núñez
Peña, supra, folio 1573; Interrogation of Michel Françoise, supra, folio 1581; Testmony of Sylvie Felizor, supra, folio
1584; Testmony of Rose-Marie Petit-Homme, supra, folio 1639; Affidavit prepared by Joseph Pierre, supra, folio
564; Affidavit prepared by Joseph Desravine, supra, folio 568; Affidavit prepared by Sonide Nora, supra, folio 571,
and statements made by Noclair Florvilien and Josier Maxime during the public hearing. See also Judicial
assessment decision of the First Instance Court, supra, folio 1559.
65
Cf. Interrogation of Johannes Paul Franco Camacho on July 18, 2000, supra, folio 1569; Interrogation of
Johannes Paul Franco Camacho on June 19, 2000, supra, folios 1665 and 1666; Interrogation of Bernardo de Aza
Núñez on July 19, 2000, supra, folio 1577; Interrogation of Bernardo de Aza Núñez on June 19, 2000, supra, folios
1661 and 1662; Interrogation of Wilkins Siri Tejeda on July 17, 2000, supra, folio 1636; Interrogation of Wilkins Siri
Tejeda on June 19, 2000, supra, folios 1673; Interrogation of Ferison LaGrange Vargas on June 19, 2000, supra,
folio 1655 and Interrogation of Ferison LaGrange Vargas on July 17, 2000, supra, folio 2692.
66
Cf. Interrogation of Bernardo de Aza Núñez on July 19, 2000, supra, folio 1577; Interrogation of Wilkins
Siri Tejeda on July 17, 2000, supra, folio 1636; Interrogation of Ferison LaGrange Vargas on June 19, 2000, supra,
folio 1654; Interrogation of Ferison LaGrange Vargas on July 17, 2000, supra, folio 2692; Interrogation of Michel
Françoise, supra, folio 1581; Testmony of Sylvie Felizor, supra, folio 1584; Testmony of Renaud Tima (file of
annexes to the merits report, tome II, folio 1586; Testmony of Selafoi Pierre, supra, folio 1587; Testmony of
Joseph Pierre, supra, folio 1588; Affidavit prepared by Joseph Pierre, supra, folio 564 and Affidavit prepared by
Joseph Desravine, supra, folio 568.
67
Cf. Interrogation of Félix Antonio Núñez Peña on July 17, 2000, supra, folio 1573.
68
Cf. Interrogation of Johannes Paul Franco Camacho on June 19, 2000, supra, folio 1665; Interrogation of
Bernardo de Aza Núñez on June 19, 2000, supra, folio 1660; Interrogation of Wilkins Siri Tejeda on June 19, 2000,
supra, folios 1673; Interrogation of Ferison LaGrange Vargas on June 19, 2000, supra, folio 1654; Interrogation of
Ferison LaGrange Vargas on July 17, 2000, supra, folio 2692; Interrogation of Santiago Florentino Casilla on June
19, 2000, supra, folio 1668.
69
Cf. Affidavit prepared by Félix Antonio Núñez Peña, supra, folio 1549; Interrogation of Félix Antonio Núñez
Peña, supra, folio 1573; Interrogation of Michel Françoise, supra, folio 1581; Testmony of Sylvie Felizor, supra, folio
1584; Testmony of Rose Marie Dol, supra, folio 1585; Testmony of Renaud Timad, supra, folio 1586; Affidavit
prepared by Joseph Pierre, supra, folio 564; Affidavit prepared by Joseph Desravine, supra, folio 568; Affidavit
prepared by Sonide Nora, supra, folio 571 and Statement made by Noclair Florvilien during the public hearing.
70
Affidavit prepared by Félix Antonio Núñez Peña, supra, folio 1549. Also, cf. Affidavit prepared by Joseph
Desravine, supra, folio 568; Affidavit prepared by Sonide Nora, supra, folio 571 and Statement made by Noclair
Florvilien during the public hearing.
71
Cf. Interrogation of Johannes Paul Franco Camacho on June 19, 2000, supra, folio 1665; Interrogation of
Ferison LaGrange Vargas on July 17, 2000, supra, folio 2692 and Interrogation of Santiago Florentino Casilla on
June 19, 2000, supra, folio 1669.
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