Human rights group KARAPATAN described the Toboso 19 massacre as the “biggest single mass casualty incident” involving international humanitarian law (IHL) violations that it has documented and investigated in recent years.
During a press conference held on Wednesday at Tomas Morato Ave., Quezon City, the National Fact-Finding and Solidarity Mission (NFFSM) presented grave violations of IHL committed by the Armed Forces of the Philippines (AFP).
The mission was started by Maninindigan Negros, Defend Negros and KARAPATAN in May, comprising over a hundred individuals who were tasked with conducting on-site investigations, interviewing witnesses, gathering physical evidence and initiating dialogues with local officials of Toboso, Negros Occidental.
Based on the mission’s report, soldiers positioned on higher ground at the incident site had an unobstructed view of the group, allowing them to distinguish unarmed civilians from those who were armed.
“Nakita nila [mga residente] kung paano ‘yong mga sundalo doon sa mataas na bahagi ng Toboso [ay namamaril] sa mga tao sa fishpond,” Matty Miguel of Defend Negros said.
The NFFSM said that these circumstances constitute violations of the IHL, citing Article 48 of Protocol I to the Geneva Conventions on distinction, which requires parties to an armed conflict to distinguish between civilians and combatants, and Article 57 on proportionality, which requires the taking of necessary precautions to minimize harm to civilians.
Victims of the alleged “encounter” had little to no means to evade the shots from the 79th Infantry Battalion of the Philippine Army (IBPA), given the largely open fishpond where the individuals were retreating to, Miguel said.
He added that the IBPA still killed some of the armed combatants who were already incapacitated and no longer had the capacity to fight back.
Under IHL and Republic Act 9851, combatants who are hors de combat or are no longer in a position to retaliate are protected from being made the object of attack and may not be deliberately killed.
KARAPATAN secretary-general Cristina Palabay said that the findings warrant criminal and administrative investigations, including those beyond the 79th Infantry Battalion (IB).
“Hindi lamang po yung 79th IB, in fact, dapat si General Brawner, si [Department of National Defense] Secretary Gibo Teodoro and dapat si President Marcos [Jr.] ay subject of investigation dito sa Negros 19 incident,” Palabay said.
ASEAN Parliamentarians for Human Rights (APHR) board member Wong Chen condemned the Philippine government for allowing the state to kill civilians by labeling them as terrorists.
The APHR said these killings are patterned to enable state repression, following the enactment of the Anti-terrorism Act of 2020 that allowed warrantless arrests and chargeless detention of journalists, activists and community workers.
Julianne Agpalo, lawyer of the National Union of People’s Lawyers, said the residents attested that at least nine of the 19 killed were civilians, including UP student leader Alyssa Alano.
“Nakasalamuha nila [residents] si Alyssa, si Mau, si Errol, si RJ Ledesma, notably kahit si Kyle, si Lyle and Serwel Sabillo sa mga sitio na walang mga armas [at] nagpapaturo pa raw kung paano essentially mag-saka,” Agpalo said.
The NFFSM further documented the continuing militarization in the area, including the detention and interrogation of civilians at gunpoint.
Residents documented soldiers entering at least 24 homes and asking about the whereabouts of combatants, while several drones were also reportedly seen hovering over the community, the report also said.
READ: NFFSM reports IHL, human rights violations in ‘Toboso 19’ killings
The findings also documented the alleged mishandling of the remains of those killed in the incident, citing signs of severe burns, bloating and decomposition due to neglect.
Families of the victims continue to demand justice, including Lisa Chen, mother of peasant advocate Errol Wendel, whose remains have yet to be recovered and returned to his family.
RELATED: Mishandling of ‘Negros 19’ bodies raises questions into military’s claims – Forensic expert
“Mas brutal ‘yong ginawa na hindi naibibigay sa amin ‘yong katawan niya. Sobrang sakit,” Chen said. “Kaya nananawagan po ako doon sa LGU sa Don Salvador: ibalik niyo na po yung anak ko, parang awa niyo na po.”
