c) Extrajudicial executions
93.
In addition, since State agents opened fire against people fleeing for their lives after
the truck rolled over, the Court will examine the characteristics and consequences of the
latter.
94.
According to the autopsy performed on Pardis Fortilus and Roselene Therméus, they
were shot in the chest, abdomen and back.136 This was also corroborated by the testimony
of several witnesses, who stated that these women were shot as they fled (supra paras. 47
and 48).
95.
In this regard, the United Nations Special Rapporteur on extrajudicial, summary or
arbitrary executions has indicated that intentionality exists when there is some degree of
premeditation in causing a death “to the extent that a decision is taken in advance that rules
out the possibility of offering or accepting an opportunity to surrender rendering such
operations unlawful.”137 In other words, it can be concluded from the actions taken by the
agents that the people were not allowed to surrender or, if appropriate, that gradual
measures were taken to achieve their detention; rather, to the contrary, the agents
proceeded to use lethal weapons that killed them.
96.
The Court considers that, in this case, the action taken by the State with regard to
the two people who were fleeing reveals that extrajudicial executions were committed,
owing to the deliberate use of lethal weapons with the intention of depriving them of life,
especially given their situation of defenseless, and without them representing any threat.
97.
Based on the above, the Court concludes that, owing to the unlawful, unnecessary,
and disproportionate use of force, the State violated the right to life established in Article
4(1) of the American Convention on Human Rights, in relation to Article 1(1) thereof, in its
dimension of respect, based on the arbitrary deprivation of life of Fritz Alce, Ilflaudia
Dorzema, Nadege Dorzema, Jacqueline Maxime and Máximo Rubén de Jesús Espinal. Also,
the Court finds the State responsible for the extrajudicial execution of Pardis Fortilus and
Roselene Therméus, in violation of the same articles.
d) Harm to the personal integrity of the survivors
98.
Similarly, the Court finds that, owing to the deployment of unlawful, unnecessary,
and disproportionate use of force, at least five other survivors were injured by bullets during
the events, namely: Noclair Florvilien, Joseph Desvraine, Sylvie Felizor, Michel Françoise and
Sonide Nora. In addition, at least five people were injured as a result of the traffic accident,
namely: Rose-Marie Petit-Home, Joseph Pierre, Renaud Tima, Selafoi Pierre and Josier
Maxime. According to medical certificates the said victims also suffered harm to their mental
and physical integrity owing to what happened (supra para. 51). Moreover, Honorio Winique
and Alphonse Oremis also survived the pursuit and the traffic accident. 138 Therefore, the
Court finds the State responsible for the violation of the obligation to respect the right to
personal integrity established in Article 5(1) of the Convention, in relation to Article 1(1)
thereof. In addition, even though it was aware of the situation, the State did not
individualize the injured persons in the investigation, so that these facts have remained
136
Cf. Preliminary autopsy reports of the Regional Forensic Pathology Institute of June 20, 2000, supra, folios
1600 to 1613.
137
Cf. Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions. UN Doc. A/66/330.
30 August 2011, paras. 66 and 67.
138
Cf. Merits file, folio 925.
30