19
seven persons, as well as] “causing injury to another (6) persons, in violation of Articles 295, 304 and 309
of the Criminal Code, the last article having been modified by Law No. 24-97.”76
81.
On July 14, 2000, the Prosecutor of the Joint Armed Forces and National Police Court
Martial of the First Instance requested the Judge with jurisdiction over preliminary proceedings of the
Joint Armed Forces and National Police Court Martial of First Instance to initiate the corresponding
77
preliminary criminal proceedings.
On that same date, the above mentioned Prosecutor issued arrest
st
warrants for Major Ferison Lagrange Vargas FAD, 1 Lieutenant Santiago Florentino Casilla, Cadet
nd
78
Bernardo de Aza Núñez, Navy, and 2 Lieutenant Johannes Paul Franco Camacho.
82.
On July 17, 2000, during the interrogation conducted under military justice jurisdiction,
Major Lagrange Vargas stated, among other things, “according to medical reports, there were
approximately six (6) persons suffering gunshot wounds but, in the majority of those cases, the wounds
were not fatal and their death occurred after the truck overturned.” He added that only he and Cadet
Bernardo de Aza Núñez fired approximately 20 shots (5 into the air and 15 at the tires) because they
were the ones carrying rifles.79 On the same day, during the interrogation of Private Wilkins Siri Tejada,
he stated that during the pursuit, Major Lagrange fired several shots into the air and, since the truck didn’t
stop, the Major and Cadet Bernardo de Aza Núñez fired several shots at the tires; that he did not fire
because he was unarmed and that he did not see the tarp tied. 80
83.
On the same date, during the interrogation of one of the members of the military who was
at the Botoncillo post, but who was not part of the patrol that pursued the yellow truck, stated that “as far
as he knew,” the deaths and the injuries were the result of the accident. 81 Another agent who was
interrogated stated that when he saw the yellow truck pass by, he noticed that the bed of the truck was
covered by a “tarp tied with rope.”82
84.
On July 18, 2000, during the interrogation conducted under military justice jurisdiction,
Second Lieutenant Johannes Paul Franco Camacho stated, among other things, that “some members of
the patrol [fired] several shots at the area of the tires to try to stop the truck,” that neither during nor after
the pursuit were they attacked by the persons traveling in the truck, and that the tarp that covered the bed
83
of the truck “was not tied but that it was pressed against the truck in some form or fashion.” At an
84
undetermined date, First Lieutenant Santiago Florentino Casilla stated that during the pursuit, they
threw “a gallon container from the truck and […] other objects he could not describe,” and that once the
truck overturned, the troops fired several shots into the air “to try to stop any aggression towards them,
”that it was not true that they had fired at the Haitians and that neither the driver of the patrol wagon,
85
Johannes Paul Franco Camacho nor Private Wilkins Siri Tejada fired any shots.”
85.
On July 18, 2000, the Attorney General of the Republic addressed the Secretary of State
of the Armed Forces in the following manner:
76
Note dated July 13, 2000, sent by the Secretary of State of the Armed Forces to the Prosecutor of the Joint Armed
Forces and Judicial Police Court Martial of First Instance, State document dated September 20, 2010, Annex.
77
Subpoena dated July 14, 2000 issued by the Prosecutor of the Joint Armed Forces and National Police Court Martial,
State document dated September 20, 2010. Annex.
78
Arrest warrant dated July 14, 2000, issued by the Prosecutor of the Joint Armed Forces and Judicial Police Court
Martial, State document dated September 20, 2010, Annex.
79
Testimony of Major Lagrange given on July 17, 2000, in military justice proceedings, State document dated September
20, 2010, Annex.
80
Testimony of Private Wilkins Siri Tejada, given on July 17, 2000, in military justice proceedings, State document dated
September 20, 2010, Annex.
81
Testimony of Private Pedro María Peña Santos, given on July 17, 2000, in military justice proceedings, State document
dated September 20, 2010, Annex.
82
Testimony of Corporal Danilo de Js. Franco, P.N., given on July 17, 2000, in military justice proceedings, State
document dated September 20, 2010, Annex.
83
Testimony of 2nd Lieutenant Johannes Paul Franco Camacho, given on July 18, 2000, in military justice proceedings,
State document dated September 20, 2010, Annex.
84
The information provided by the State is incomplete. The first page of the interrogation is missing.
85
Testimony of 2nd Lieutenant Johannes Paul Franco Camacho, given on July 18, 2000, in military justice proceedings,
State document dated September 20, 2010, Annex.