48. The evidence in the case file reveals that during the pursuit of the truck, Fritz Alce,72 Ilfaudia Dorzema73 and Nadege Dorzema74 all Haitian nationals, and Máximo Rubén de Jesús Espinal,75 a Dominican national, lost their lives as a result of bullets from firearms. When the truck rolled over, Jacqueline Maxime died owing to injuries to the chest and abdomen.76 Also, Pardis Fortilus and Roselene Therméus died from the shots fired after the truck had overturned.77 According to the medical certificates, the cause of death of six of them was gunshot wounds, mostly to the head, chest, abdomen, and other parts of the body. 49. Similarly, the Court observes that the State indicated that it was aware of at least 13 survivors who were injured.78 However, from the evidence provided, the Court has only been able to verify the following 10 injured survivors: Rose-Marie Petit-Homme,79 Michel Françoise, Noclair Florvilien, Joseph Desravine, Joseph Pierre, Renaud Tima, Selafoi Pierre, Sylvie Felizor, Josier Maxime and Sonide Nora; 80 and at least four other survivors: Roland Israel, Rose-Marie Dol, Winique Honorio and Alphonse Oremis (infra paras. 54 and 55). 72 Cf. Preliminary autopsy report on Fritz Alce prepared by the Regional Forensic Pathology Institute on June 20, 2000 (file of annexes to the merits report, tome II, folios 1612 and 1613): Fritz Alce: “Has a bullet entry hole in the left temporal region with exit in the posterior occipital region, with a large open crescent-shaped wound with loss of brain matter, with multiple fractures of the cranium. The trajectory is from left to right and from front to back; it caused a cerebral hemorrhage and diffuse cerebral laceration. Has an irregular 3.2 cms open wound in the region of the right jaw. Has dried-up abrasions on right side of left shoulder and right arm.” 73 Preliminary autopsy report on Ilfaudia Dorzema prepared by the Regional Forensic Pathology Institute on June 20, 2000 (file of annexes to the merits report, tome II, folios 1604 and 1605): “Has a bullet entry hole in the outer part of the right arm with exit in the left subscapular region. Trajectory from front to back and from right to left; causing laceration and perforation of both lungs and the heart, with hemothorax. Has another bullet entry hole in the left back, with exit on a posterior-axillary line with the fourth left intercostal space, following a trajectory from front to back and from right to left.” 74 Preliminary autopsy report on Nadege Dorzema prepared by the Regional Forensic Pathology Institute on June 20, 2000 (file of annexes to the merits report, tome II, folios 1606 and 1607): “Has two bullet entry holes on the right side of the back. Entry hole in the back of the left shoulder. Has an entry hole in the left side of the abdomen. Has an exit hole in the region of the right gluteal region. Has an exit hold in the right axillar region. Has an exit hole in the right arm. Has an exit hole in the right pectoral region.” 75 Preliminary autopsy report on Máximo Rubén de Jesús Espinal prepared by the Regional Forensic Pathology Institute on June 20, 2000 (file of annexes to the merits report, tome II, folios 1610 and 1611): “has extensive dried-up abrasions on [illegible] the left shoulder, chest and left side of the abdomen, both legs and back. Irregular 9 cm open wound on the right knee. A bullet entry hole in the left parietal region, with exit in the left occipital region. Trajectory from right to left and from front to back.” 76 Cf. Preliminary autopsy report on Jacqueline Maxime prepared by the Regional Forensic Pathology Institute on June 20, 2000 (file of annexes to the merits report, tome II, folio 1598): “Numerous ribs fractured on both sides, subcutaneous emphysema and hemothorax. Has abrasions and ecchymosis on left back [illegible] and left side of the abdomen.” 77 Cf. Affidavit prepared by Joseph Desravine, supra, folio 568; Affidavit prepared by Sonide Nora, supra, folio 571; Preliminary autopsy reports of the Regional Forensic Pathology Institute of June 20, 2000, supra, folios 1600 to 1613: Roselene Thermeus: “Has a circular hole that corresponds to an entry hole of a bullet in the middle back near the spine, with no exit hole, which fractured the ribs and severed the medulla. Two metallic fragments were recovered from the spine”; Pardis Fortilus: “Has a bullet entry hole in the right chest with exit behind the right shoulder. With a trajectory from front to back, causing laceration and perforation of the upper lobe of the right lung. Has an entry hole in the back of the right hand with exit in the palm, below the thumb. Has an entry hold on the inside of the left forearm with exit on the contralateral region Has two small irregular wounds in the third distal of the right thigh, which reach the muscle layers. In one of them a flat fragment was recovered – metallic, gold. Has an entry hole in the back lumbar region that caused a fracture. A deformed bullet was recovered. A correlation was established between the perforations on the clothing and the wounds described in the chest.” 78 Cf. note of the Director of Intelligence of SEFA of June 18, 2000 (file of annexes to the merits report, tome II, folio 1646) and summary of the investigation conducted by the Joint Board into the facts that occurred in the early hours of June 18, 2000, dated June 21, 2000 (file of annexes to the merits report, tome II, folio 1690). Also, Cf. Interrogation of Ferison LaGrange Vargas on July 17, 2000, supra, folio 2693. 79 Cf. Testmony of Rose-Marie Petit-Homme, supra, folio 1639. 80 Cf. Medical certificate of Michel Françoise of June 23, 2000 (file of annexes to the merits report, tome II, folio 1641); medical certificate of Noclair Florvilien of July 9, 2011 (file of annexes to the pleadings and motions brief, folio 2969); medical certificate of Joseph Desravine (file of annexes to the pleadings and motions brief, folio 2971); medical certificate of Joseph Pierre (file of annexes to the pleadings and motions brief, folio 2974); medical 18

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