'Binaril kahit patay na': Ericson Acosta's autopsy report raises doubts on AFP's encounter narrative
MANILA, Philippines (Update 1: 9:57 a.m., July 30) — An autopsy report on the slain peasant organizer and NDFP consultant Ericson Acosta was presented Saturday, fueling more questions whether or not an encounter between him and the military happened before his death.
Forensic pathologist Dr. Raquel Fortun in a press conference revealed that Ericson was shot in the front and the back, leading activists to ask if there was even an active shootout. Fatal shots to the chest were also observed.
"He had a lot of laceracions on the lungs, and a lot of hemorrhages in the chest and that's what killed him," said Fortun.
"Dinaplisan 'yung pericardium which is the covering of the heart pero hindi tinamaan 'yung heart. Tapos ito 'yung very severe... basag 'yung L1 [and] L2 which is a very thick bone."
"Pati 'yung spinal cord sa loob. May aorta doon ha, tinamaan din. But surprisingly, walang hemorrhage. So what does that mean? Hindi na siya nagbi-bleed at that time."
The forensic pathologist noted that dead bodies usually do not develop hemorrhages, leading groups to think that Acosta was shot even after his death.
The Armed Forces of the Philippines earlier said that Acosta and peasant leader Joseph Jimenez were killed in an encounter with Army soldiers in Sitio Makilo, Barangay Camansi in Kabankalan, Negros Occidental in December 2022 as members of the communist-led New People's Army.
Progressives however claimed that Acosta was unarmed during the incident, with witness accounts claiming that they were taken alive in a house in Kabankalan and then brought some 200 meters away before being shot.
Violation of international law?
Article 3(1) of the 1949 Geneva Conventions prohibits the inhumane treatment of armed parties who are already "hors de combat."
The convention is a treaty which established international legal standards for humanitarian treatment in war. The Philippines is a signatory of the Geneva Convention.
The Philippine Army Soldier’s Handbook on Human Rights and International Humanitarian Law defines an enemy "hors de combat" when he or she is no longer able to participate in combat. This includes those who are already surrendering, wounded, dead, etc. The said handbook prohibits attacking the aforementioned.
"We stand by the report of our soldiers on the ground. They knew what happened. Ericson Acosta is no ordinary person. The CPP Information Officer described him to be an important leader of the CPP and NPA in Negros." Col. Medel Aguilar, AFP spokesperson, told Philstar.com.
Independent investigation sought
Bagong Alyansang Makabayan secretary general Renato Reyes Jr., for his part, is calling for an independent investigation into the November 30 killings.
"The after-operation report should be released and ballistics test conducted to match the 2 bullets recovered from Ericson’s remains with that of the firearms of the solders who shot him," said Reyes.
"The CHR is urged to conduct a full-blown investigation into this matter."
The progressive leader also called on the government to stop the militarization and killings in Negros, while rallying human rights defenders and the people to fight the "increasing trend of fascist terror" in the countryside of Negros which had resulted in the deaths of peasant organizers.
While there is armed conflict within the region, he said that addressing its social roots is needed to attain just peace.
The Commission on Human Rights in December last year started its probe on the killing of the award-winning-poet-turned-revolutionary.
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