23 THIRD: Captain Johanne Paul Franco Camacho, Dominican Air Force, is declared not guilty of the 101 charges brought against him and is therefore released from any criminal liability. 96. The members of the military Santiago Florentín Castilla and Bernardo de Aza Núñez filed 102 an appeal to the judgment of March 5, 2004, and at an undetermined date, the Appellate Joint Armed Forces and National Police Court Martial heard the appeal and resolved: FIRST; To admit as good and valid the appeal filed by Captains SANTIAGO FLORENTINO CASILLA C-001-1178358-5, and BERNARDO DE AZA NÚÑEZ, C-001-1178745-3, National Army, of judgment No. 04, dated 03-05-04, of the Joint Armed Forces and National Police Court Martial of First Instance, which sentenced them to five (5) years in prison to be served in the Public Prison La Victoria National Penitentiary, Santo Domingo Norte, for violation of Articles 295 and 304, of the Dominican Criminal Code. SECOND: This Appellate Joint Armed Forces and National Police Court Martial, acting under the provisions of the law and a ruling to the contrary, modifies sentence No. 04, of 03-05-2004, of the Joint Armed Forces and National Police Court Martial which sentenced Captains SANTIAGO FLORENTINO CASILLA, C-001-1178358-5, and BERNARDO DE AZA NUÑEZ, C-001-11787453,National Army, to five (5) years in prison, and therefore order their release under the provisions of 105 103 104 Articles 321 and 327 , of the Dominican Criminal Code. 97. On March 12, 2003, the relatives of the deceased Haitian victims lodged a recourse with the Supreme Court of Justice in which they argued: […] the Joint Armed Forces and National Police Court Martial […] has not been able to make any progress in this proceedings although three yeas have elapsed since they took jurisdiction over the case […] [Moreover] the proceedings instituted in this jurisdiction do not inspire any confidence due to the absence of procedural transparency and because rights are not guaranteed […] [Therefore] it is not justice and it violates all legal guarantees to allow a tribunal that is not competent in the ordinary justice system to institute proceedings involving aggrieved civilians. Consequently, they requested that the Supreme Court: FIRST: Consider […] jurisdiction in the appointment of judges; SECOND: Designate the Court of Preliminary Proceedings of the Judicial District of Montecristi to continue with the preliminary investigation of the charges against Major F.A.D. Ferison Lagrange st nd Vargas, 1 Lieutenant Santiago Florentino Casilla, Navy Cadet M.G. Bernardo de Aza Núñez, 2 Lieutenant Johannes Paul Franco Camacho, charged with violating Articles 265, 266, 295, 296, 297, 309 of Law 24-97, to the detriment of Haitian nationals Yacim Máxime, Rosaline Theneurs, Fosiu Dosema, Noupardy Fortilus and the Dominican national Rubén de Jesús Espinal, this being the competent ordinary jurisdiction to carry out preliminary criminal proceedings and afterwards elevate the case to the ordinary criminal court for trial; 101 State document dated June 29, 2009, Annex. Petitioners’ document dated November 26, 2005, Annex. State document dated June 29, 2009, Annex. Petitioners’ document dated November 26, 2005, Annex. State document dated September 20, 2009. Record of appeal lodged by Santiago Florentino Casilla and Bernardo de Aza Núñez. Annexes. 103 Art. 321.- Homicide, injuries or trauma are excusable if they have been immediately preceded by provocation, threats or serious violence on the part of the victim. 104 Art. 327.- (Repealed by Law 24-97 of January 28, 1997). Art. 328.- There is no crime or offense when homicide, injuries or trauma are the result of the immediate need to legitimately defend oneself or another. Art. 329.- The following cases constitute immediate need of legitimate defense: 1st when a person commits homicide, causes injury or inflicts trauma trying to repel at night someone from the climbing up the walls or causing damage to a house, walls or fences; or the breaking of doors or entrances to inhabited places, homes or attached buildings; 2nd when the action is taken to defend against the attacks of those committing violent acts of robbery or destruction. 105 State document dated June 29, 2009, Annex. Petitioners’ document dated November 26, 2005, Annex. State document dated September 20, 2010. Annex. 102