53. On June 20, 2000, the Regional Forensic Pathology Institute issued preliminary reports on the cause of death of seven persons. The reports indicate that the case relates to “illegal Haitians.”89 3. Detention and expulsion 54. On June 18, 2000, after the truck overturned, 11 survivors were arrested. 90 Since no official record was made of the arrest of all these persons, the Court only has information on the identification of the following seven people: Rose Marie Dol, Sylvie Felizor, Rose-Marie Petit-Homme, Renaud Tima, Selafoi Pierre, Joseph Pierre and the minor Roland Israel, who were taken to the Border Intelligence Operations Post in Montecristi.91 Some hours later, on the same June 18, 2000, the detainees were taken to a military barracks in Dejabón. 55. In the Dejabón military barracks, soldiers at the barracks threatened the detainees that they would be forced to work in the fields or they could give money to the said soldiers in exchange for being taken to the border with Haiti. In response, the detainees made a collection to give to the soldiers, who, during the afternoon of the same day transferred them to Ouanaminthe (Wanament) in Haiti.92 According to statements made by the detainees, they were not formally placed under arrest, they were not informed that they had done something forbidden or illegal, and they were not allowed to contact a lawyer or the Haitian embassy or any other person.93 Moreover, the Haitian men, women and the child were not separated during their detention and they did not receive differentiated treatment based of their condition.94 4. Regarding the proceeding in the military jurisdiction 56. On June 19, 2000, the Secretary of State for the Armed Forces ordered a Joint Board of General Officers of the Armed Forces to begin a “thorough and comprehensive” investigation of the facts of the case.95 89 Preliminary autopsy reports of the Regional Forensic Pathology Institute of June 20, 2000, supra, folios 1598 to 1613. 90 Cf. note of the Director of Intelligence of SEFA of June 18, 2000, supra, folio 1646, and note of the Commander of the 10th Infantry Battalion of June 18, 2000, supra, folio 846. 91 Cf. Testmony of Sylvie Felizor, supra, folio 1584; Testmony of Rose Marie Dol, supra, folio 1585; Testmony of Selafoi Pierre, supra, folio 1587; Testmony of Joseph Pierre, supra, folio 1588; Testmony of Rose-Marie PetitHomme, supra, folio 1639; Affidavit prepared by Joseph Pierre, supra, folios 565. However, according to a note of the Commander of the 10th Infantry Battalion of June 18, 2000, the persons detained were sent to the Immigration Office in Dejabón, to then be returned to their territory, supra, folio 846. 92 From the evidence provided to the case file, the Court observes that Sonide Nora and Josier Maxime, who were hospitalized, were expelled subsequently, together with those who were detained in the Dejabón military barracks. The Court has no information on what happened to Alphonse Oremis and Honorio Winique. Cf. Testmony of Sylvie Felizor, supra, folio 1584; Testmony of Rose Marie Dol, supra, folio 1585; Testmony of Renaud Tima, supra, folio 1586; Testmony of Selafoi Pierre, supra, folio 1587; Testmony of Joseph Pierre, supra, folio 1588; Testmony of Rose-Marie Petit-Homme, supra, folio 1639, Affidavit prepared by Joseph Pierre, supra, folio 565; Affidavit prepared by Sonide Nora, supra, folio 572, and Statement made by Josier Maxime during the public hearing. Also, no evidence was provided to the case file that Winique Honorio and Alphonse Oremis had been detained and/or expelled from Dominican Republic. 93 Cf. Affidavit prepared by Joseph Pierre, supra, folio 565; Affidavit prepared by Joseph Desravine, supra, folio 569 and Affidavit prepared by Sonide Nora, supra, folio 572. 94 Cf. Affidavit prepared by Joseph Pierre, supra, folio 565. Regarding the detention of the truck driver, the Court is aware that Mr. Núñez Peña was sent to the J-2 Department of the Secretariat of State for the Armed Forces to be investigated. See note of the Commander of the 10th Infantry Battalion of June 18, 2000, supra, folio 846. 95 Cf. Report of the Joint Board of General Officers of the Armed Forces of June 23, 2000 (file of proceedings before the Commission, tome II, folio 837). 20

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