1. Pursuit and incident 41. On June 16, 2000, a group of Haitian nationals arrived at the town of Ouanamithe (Wanament) in Haiti, where they spent the night. The next day, they crossed the Massacre River and some scrubland, entering Dominican territory48 until they reached a place in the region of Santa Maria where they were received by a Dominican, about whom there is no information, and spent the night and were given food in his home.49 In the early morning hours of June 18, 2000, a yellow Daihatsu truck,50 driven by Felix Antonio Nuñez Peña, accompanied by Máximo Ruben de Jesus Espinal, both Dominican nationals, set out for Santiago de los Caballeros in Dominican Republic,51 transporting about 30 Haitian nationals,52 including the minor Roland Israel53 and a pregnant woman, Sylvie Felizor.54 The Haitian nationals were squatting or sitting in the back of the truck covered by a tarpaulin.55 42. The truck drove through the first checkpoint without being stopped. 56 Upon arriving at a second checkpoint, in Botoncillo, at approximately 3 a.m., the soldiers there made signs for the truck to stop; however, the truck took a detour and continued on its way to the town of Copey.57 48 Cf. Testmony of Sylvie Felizor given on September 22, 2007 (file of annexes to the merits report, tome II, folio 1584); Testmony of Rose Marie Dol given on September 22, 2007 (file of annexes to the merits report, tome II, folio 1585); Testmony of Renaud Tima given on September 21, 2007 (file of annexes to the merits report, tome II, folio 1586); Testmony of Selafoi Pierre given on September 22, 2007 (file of annexes to the merits report, tome II, folio 1587); Testmony of Joseph Pierre given on September 22, 2007 (file of annexes to the merits report, tome II, folio 1588); Affidavit prepared by Joseph Pierre on June 14, 2012 (merits file, tome II, folio 564) and Affidavit prepared by Joseph Desravine on June 14, 2012 (merits file, tome II, folio 567). 49 Cf. Testmony of Sylvie Felizor, supra, folio 1584; Testmony of Rose Marie Dol, supra, folio 1585; Testmony of Renaud Tima, supra, folio 1586, and Testmony of Selafoi Pierre, supra, folio 1587. 50 Cf. Interrogation of Bernardo de Aza Núñez on June 19, 2000 (file of annexes to the merits report, tome II, folio 1659); Interrogation of Wilkins Siri Tejeda on June 19, 2000 (file of annexes to the merits report, tome II, folio 1672); Interrogation of Ferison LaGrange Vargas on June 19, 2000 (file of annexes to the merits report, tome II, folio 1653); Interrogation of Santiago Florentino Casilla on June 19, 2000 (file of annexes to the merits report, tome II, folio 1668) and Interrogation of Pedro María Peña Santos on July 17, 2000 (file of annexes to the merits report, tome II, folio 1699). 51 Cf. Affidavit prepared by Félix Antonio Núñez Peña on April 15, 2009 (file of annexes to the merits report, tome II, folio 1549) and Interrogation of Félix Antonio Núñez Peña on July 17, 2000 (file of annexes to the merits report, tome II, folio 1572). 52 Communication from the Attorney General of the Armed Forces to the Secretary of State for the Armed Forces of May 24, 2007 (file of annexes to the merits report, tome II, folio 1592), and note of the Director of Intelligence of the SEFA of June 18, 2000 (file of annexes to the merits report, tome II, folio 1646). 53 Cf. note of the Commander of the 10th Infantry Battalion of June 18, 2000 (file of annexes to the merits report, tome II, folio 846). 54 567. Cf. Testmony of Sylvie Felizor, supra, folio 1584 and Affidavit prepared by Joseph Desravine, supra, folio 55 Cf. Interrogation of Félix Antonio Núñez Peña, supra, folio 1573; Interrogation of Michel Françoise, supra, folio 1581); 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 (file of annexes to the merits report, tome II, folio 1639); Affidavit prepared by Joseph Pierre, supra, folio 564; Affidavit prepared by Joseph Desravine, supra, folio 567; Statement of Sonide Nora (merits file, tome II, folio 571), and statements made by Noclair Florvilien and Josier Maxime during the public hearing of this case held on June 21, 2012. 56 Cf. Testmony of Sylvie Felizor, supra, folio 1584; Testmony of Selafoi Pierre, supra, folio 1587, and statements made by Noclair Florvilien and Josier Maxime during the public hearing. 57 Cf. Interrogation of Johannes Paul Franco Camacho on July 18, 2000 (file of annexes to the merits report, tome II, folio 1568); Interrogation of Johannes Paul Franco Camacho on June 19, 2000 (file of annexes to the merits report, tome II, folio 1664); Interrogation of Bernardo de Aza Núñez on July 19, 2000 (file of annexes to the merits report, tome II, folio 1576); Interrogation of Wilkins Siri Tejeda on July 17, 2000 (file of annexes to the merits report, tome II, folio 1636); Interrogation of Wilkins Siri Tejeda on June 19, 2000, supra, folio 1672; Interrogation of Ferison LaGrange Vargas on June 19, 2000, supra, folio 1653; Interrogation of Ferison LaGrange Vargas on July 17, 2000 (file of annexes to the merits report, tome II, folio 2691); Interrogation of Santiago Florentino Casilla on June 19, 2000, supra, folio 1668; Interrogation of Félix Antonio Núñez Peña on July 17, 2000, 15