2. Reaction of the authorities to the incident
50.
Two soldiers went in search of medical personnel 81 and, subsequently, ordered the
surviving victims to lift up the overturned truck. Seeing that they were unable to raise it, the
soldiers proceeded to help them.82 Then, the soldiers, with the help of some survivors,
pulled out those who were still trapped under the vehicle and separated the dead and the
wounded. The soldiers ordered the survivors to put the dead and seriously wounded into the
ambulances to be taken to the José María Cabral and Baez Regional University Hospital, in
Santiago.83
51.
Some of the people who were taken to the hospital stated that the treatment they
received was “scant or non-existent.”84 In all, nine people were taken to the hospital and at
least five of them were hospitalized, including Joseph Desravine, Sonide Nora, Noclair
Florvilien, Josier Maxime and Michel Françoise.85 However, their personal data was not
recorded at the time of their admission or discharge from the hospital.86
52.
On June 19, 2000, the bodies of the six deceased Haitians were buried in a mass
grave in Gurabo, Dominican Republic.87 Next of kin of some of the deceased carried out the
burial.88 The information provided in this case does not reveal what happened to the
Dominican victim.
certificate of Renaud Tima (file of annexes to the pleadings and motions brief, folio 2976); medical certificate of
Selafoi Pierre (file of annexes to the pleadings and motions brief, folio 2979); medical certificate of Sylvie Felizor
(file of annexes to the pleadings and motions brief, folio 2980); medical certificate of Josier Maxime (file of annexes
to the pleadings and motions brief, folio 2974), and Affidavit prepared by Sonide Nora, supra, folio 572.
81
Cf. Interrogations of Johannes Paul Franco Camacho on July 18, 2000, supra, folio 1569; and on June 19,
2000, supra, folio 1665; Interrogation of Bernardo de Aza Núñez on July 19, 2000, supra, folio 1577; Interrogation
of Wilkins Siri Tejeda on July 17, 2000, supra, folio 1636; interrogations of Ferison LaGrange Vargas on June 19,
2000, supra, folio 1654, and on July 17, 2000, supra, folio 2692.
82
Cf. Testmony of Renaud Tima, supra, folio 1586; testimony and sworn statement of Joseph Pierre, supra,
folios 1588 and 564; Affidavit prepared by Joseph Desravine, supra, folio 568 and Affidavit prepared by Sonide
Nora, supra, folio 571.
83
Cf. Testmony of Rose Marie Dol, supra, folio 1585; Testmony of Selafoi Pierre, supra, folio 1587; Affidavit
prepared by Joseph Pierre, supra, folio 565; Affidavit prepared by Joseph Desravine, supra, folio 568 and Affidavit
prepared by Sonide Nora, supra, folio 572.
84
Cf. Affidavit prepared by Joseph Desravine, supra, folio 569; Affidavit prepared by Sonide Nora, supra,
folio 572), and statements made by Noclair Florvilien and Josier Maxime during the public hearing.
85
Cf. note of the Commander of the 10th Infantry Battalion of June 18, 2000, supra, folio 846; Affidavit
prepared by Joseph Desravine, supra, folio 569; Statement of Sonide Nora, supra, folio 572; statements made by
Noclair Florvilien and Josier Maxime during the public hearing, and medical certificate of Michel Françoise of June
23, 2000, supra, folio 1641.
86
In this regard, the Director General of the Hospital, Ronaldo Baéz García, stated that “[the] Haitian citizens
were neither received nor attended in [the] Hospital.” Note of the Director General of the Jose Maria Cabral Báez
Hospital, dated July 11, 2012 (file of annexes to the State’s final arguments, folio 4107.1. See also, Statement
made by Noclair Florvilien during the public hearing.
87
Cf. newspaper article in the Diario el Siglo of June 20, 2000, entitled “Haitianos acribillados vivían en el
país; los sepultan en Gurabo” (file of annexes to the merits report, tome II, folio 1630) and newspaper article in Le
Nouvelliste of June 22, 2000, entitled “Inhumation des 6 haitianes tués” (file of annexes to the pleadings and
motions brief, folios 3194 and 3195). In this regard, the Court observes that the State presented documents in
which the health authorities stated that they were unaware of the final fate of the said bodies. Cf. Notes of the
Director General of the Jose Maria Cabral Báez Hospital, of the Director of the National Forensic Science Institute
and of the Specialized Health Services of the Ministry of Health, dated July 11, 5 and 12, 2012, respectively (file of
annexes to the State’s final arguments, folios 4107.1 to 4107.22).
88
Cf. Affidavit prepared by Sonide Nora, supra, folio 572; psychological evaluation of Vivandieu Dorzema,
issued by the psychologist Jean Evenson Lizaire before notary public on February 24, 2011 (file of annexes to the
pleadings and motions brief, tome V, folio 2995). Also, see burial certificates issued on July 13 and 19, 2012, with
regard to Fritz Alce, Roselene Therméus, Ilfaudia Dorzema, Nadege Dorzema and Jacqueline Maxime (file of
attachments to the representatives’ final written arguments, tome II, folios 4738 and 4739).
19