21 89. On July 24, 2000, in preliminary proceedings, the Joint Armed Forces and National Police Court Martial of First Instance, Proceedings No. 15-(2000) decided: TO DECLARE: […] that there are serious, grave, precise and consistent signs of guilt that point to st the criminal liability of Major Ferison Lagrange Vargas, FAD; 1 Lieutenant SANTIAGO FLORENTINO CASILLA, E.R., Cadet BERNARDO DE AZA NÚÑEZ, Navy, and 2d Lieutenant JOHNNNATAN PAUL FRANCO CAMACHO, FAD. to be charged with the crime of murder in the deaths of […] MAXIMO RUBEN DE JESUS ESPINAL, a Dominican national and the Haitian nationals YACHIN MASIME, NOUPADY FORTILUS, ROSELAINE THERNEUS, GERMILAR 91 92 ALCE, FAVIA DOZEMA AND NADGE DOZEMA, in violation of Articles 295 and 304 Second paragraph of the Dominican Criminal Code. TO REMIT AND TO ORDER FIRST REMIT […] to the Criminal Court of the Joint Armed Forces and National Police Court Martial of First Instance […] as individuals charged with the commission of the offense previously indicated, in order that they stand trial in that court in accordance with the provisions of the law. SECOND ORDER […] that the order of imprisonment issued by the Public Prosecutor [Magistrado Procurador Fiscal] against the accused […] remains in full force until a judgment is rendered and 93 that the judgment have the irrevocable authority of res judicata. […] 90. On July 28, 2000, the Prosecutor of the Joint Armed Forces and National Police Court Martial indicted the members of the military implicated in the events, for the death of the six Haitian nationals and one Dominican national, as well as for the injuries sustained by six other persons in violation of Articles 295, 304 and 309 of the Dominican Criminal Code. The indictment established that: […] there are several attenuating circumstances such as: 1- they were involved in a very delicate operation that had been ordered by their superiors. 2- they had information that a vehicle would cross carrying drugs. 3- this vehicle tried to avoid the checkpoint, even taking another highway, even though it had been ordered to stop and had to be pursued for more than 15 kilometers. 4-the troops observed when one of the occupants was thrown out of the right side door of the truck and they didn’t stop, giving the impression that they were carrying something big or serious. 5- that the Haitian nationals being smuggled were either sitting or lying down and covered with a tarp as if they were packages or sacks of something illegal. These are not fabrications but the testimony of the 94 same aggrieved […] persons [Michel Floant and Félix Antonio Núñez Peña. ] 91. On May 3, 2001, the Criminal Chamber of the Court of First Instance of the Judicial District of Montecristi, ruled with regard to the Dominican nationals involved in the facts: First: The case file of RAMÓN ANTONIO MARTINEZ (a) Ramoncito, is set aside until that time he is arrested and brought to justice to stand trial. Second: The individual named RUDDY JIMENEZ ORTIZ is declared not guilty of the charges brought against him, therefore the charges are dismissed and it is ordered that he be set free. Third: RUDDY JIMÉNEZ ORTIZ, is released from the obligation to pay court costs; Fourth: FÉLIX NÚÑEZ PEÑA is declared guilty of violating Law 344-98 and is therefore sentenced to one year (1) and nine (9) months in prison and the payment 91 Art. 295.- Anyone who voluntarily kills another person, is guilty of homicide. Art. 304- Homicide shall be subject to a punishment of 30 years of labor in public works, when the offense is committed before, concurrently or following the commission of another crime. The same punishment shall apply when the objective has been to prepare, facilitate or commit a crime, or assist in the escape of the authors or accomplices of said crime or to ensure their impunity. Paragraph II.- In any other case, the guilty individual shall be sentenced to public labor. 93 Preliminary proceedings of the Joint Armed Forces and National Police Court Martial, Proceedings No. 15-(2000), pg. 8, July 24, 2000. Petitioners’ document dated May 5, 2009, Annex 1. Petitioners’ document dated December 10, 2009, Annex 5. Photo published in the newspaper Diario El Siglo on June 21, 2000 (Petitioners’ document dated December 10, 2009, Annex 8. Preliminary proceedings of the Joint Armed Forces and national Police Court Martial of First Instance, Proceedings No. 15-(2000), July 24, 2000. Petitioners’ document dated May 5, 2009, Annex 1. 94 Indictment No. 07(2000) issued by the Prosecutor of the Joint Armed Forces of the Court Martial of First Instance , State document dated September 20, 2010, Annex. 92