15
Lieutenant Casilla and Lieutenant Franco Camacho fired into the air. He added that since there was a full
moon, he was able to see that the tarp was tied over the bed of the truck.60
nd
69.
For his part, 2 Lieutenant Johannes Paul Franco stated that the bed of the truck had “a
taut tarp, totally flat,” and that once the truck rolled over he fired into the air “to prevent the Haitians to
continue to flee.”61 First Lieutenant Santiago Florentino Casilla stated that they were at the checkpoint
because they had information that, during the weekends, vehicles crossed carrying firearms and illegal
substances. He added that except for Private Siri Tejada and the driver, everyone else in the wagon fired
into the air and at the tires several times during the pursuit, and fired into the air after the truck overturned
in order to make the persons fleeing stop. 62 Private Wilkins Siri Tejada stated that during the pursuit, only
Major Lagrange and Cadet Núñez, opened fire and that from the truck’s cabin they threw a “telmo” at
them.”63
70.
On the same date, Corporal Danilo de Jesús Franco, who was not involved in the pursuit
but was at a police station facing the road where the vehicles in question came through, testified in
military proceedings that when the truck passed in front of the police station, from what he could see, “it
was obvious that the bed of the truck was covered with a yellow tarp tied with ropes” and that “there were
troops dressed in fatigues in the wagon.”64
65
71.
On date unknown, the Haitian national Michel Francois, who was in the yellow truck the
day of the events, testified in military proceedings that “the troops fired into the air, then fired at the tires
but not hitting them due to the high speed the truck was traveling at” and that several people –including
him—suffered gunshot wounds and fell over him. He added that some of his companions died “from the
injuries suffered” when the truck overturned and that two Haitians took off running, and that’s why “the
guards shot and killed them, and that the guards then started arguing among themselves about why they
had shot to kill.” He ended his testimony requesting that, once he recovered, he be allowed to live in the
Dominican Republic because his daughters lived there.66
72.
On June 19, 2000, the Office of the Secretary of State of the Armed Forces ordered an
investigation following up on recommendations made by the Joint Board of General Officers of the Armed
Forces:
st
[…] that then Major Ferison Lagrange Vargas FAD, 1 Lieutenant Santiago Florentino Casilla,
nd
Cadet Bernardo de Aza Núñez, Navy, and 2 Lieutenant Johannes Paul Franco Camacho, FAD,
be brought to justice before the Joint Armed Forces and National Police Court Martial of First
Instance to answer for their responsibility in the facts.
[…] that the individuals who allegedly committed the offense of illicit trafficking in persons be
brought under the ordinary justice jurisdiction for prosecution by the Public Prosecutor of the
67
Montecristi Province.
th
73.
On June 19, 2000, the Commander of the 4 Infantry Brigade reported the following to
the Chief of the General Staff:
60
Testimony of Cadet Núñez given in military justice proceedings on June 19, 2000. State document dated September
20, 2010. Annex.
61
Testimony of 2nd Lieutenant Johannes Paul Franco, given in military justice proceedings on June 19, 2000. State
document dated September 20, 2010. Annex
62
Testimony of 1st Lieutenant Florentino Casilla, given in military justice proceedings on June 19, 2000. State document
dated September 20, 2010. Annex.
63
Testimony of Private Wilkins Siri Tejada, given in military justice proceedings on June 19, 2000. State document dated
September 20, 2010. Annex.
64
Testimony of Corporal Danilo de Jesús Franco, given in military justice proceedings on June 19, 2000. State document
dated September 20, 2010. Annex.
65
The information provided by the State is incomplete. The first page of the interrogation is missing.
66
Testimony of Michel Floant (Frances o Francois), given in military justice proceedings (no date). State document dated
September 20, 2010. Annex.
67
Referred to in the note of the Attorney General of the Armed Forces to the Secretary of State of the Armed Forces.
State document dated July 13, 2007, and referenced in State document dated August 19, 2009. Annex.