WHO ordered the abductions of Pastor Raymond Koh and Perlis activist Amri Che Mat, and who led the the cover-up attempts?

These are the crucial questions that remain unanswered in the investigations into the duo’s disappearance.

Citizen Action Group of Enforced Disappearance (Caged) spokesman Rama Ramanathan said the question of who abducted the two was answered when the Malaysian Human Rights Commission (Suhakam) report pointed the finger at police’s Special Branch.

“What we now want to know is, who gave the directive and who ordered the cover-up?

“This is why an independent investigation is needed, and why the Independent Police Complaints and Misconduct Commission is needed,” he told The Malaysian Insight.

He said it is now public notice that the two activists were victims of enforced disappearance, following Suhakam’s conclusion that police were responsible for them going missing more than two years ago.

According to international human rights law, a forced or enforced disappearance is when a person is secretly abducted or imprisoned by a state or political organisation, or by a third party with the authorisation, support or acquiescence of a state or political organisation.

“We are amazed as this was a very bold decision (by Suhakam), to be able to say point-blank that Special Branch, acting out of Bukit Aman, was responsible for the abductions,” said Rama.

“The only reason they came to that decision is because of the vigorous way the inquiry panel used a blend of inquisitorial processes.”

An inquisitorial system is a legal system where the court is actively involved in proof-taking by investigating the facts of the case. This is different from an adversarial system, where the role of the court is primarily that of an impartial referee between the prosecution and defence.

Rama said the Suhakam panel members are all law-trained, adding that they are confident in their findings because of the way they reviewed the evidence and challenged it, despite the lack of cooperation from police.

“The Suhakam inquiry has confirmed what everyone knew – that the evidence supports the public’s belief that police cannot be trusted.

“Because of the limitations placed on Suhakam, it was difficult to answer the pertinent question of who ordered the abductions.

“This is a shame on the police force.

“There was only one person who came as an informant, but he later backed down,” said Rama, referring to Sergeant Shamzaini Mohd Daud, who was called to testify after he allegedly told Amri’s wife, Norhayati Ariffin, that a special team from the federal police headquarters was responsible for the disappearance of her husband and Koh.

However, Shamzaini then lodged a police report, denying he had said anything to Norhayati.

Caged, along with Suara Rakyat Malaysia (Suaram), were instrumental in the initiation of the public inquiry.

Authorities must act immediately

Council of Churches Malaysia (CCM) secretary-general Reverend Dr Hermen Shastri said Amri and Koh falling victim to enforced disappearance due to reasons linked to religion has tainted the country’s image.

“It is a black mark on the image of the country because they were persons who professed and exercised their religious freedom or had some religious persuasion, and because of that, they were abducted.

“They were not abducted for political reasons. They were abducted for religious reasons. This goes directly to religious freedom.”

He said CCM hopes the government will take the matter seriously and reach a resolution at the soonest possible time, adding that an independent and impartial probe should be conducted.

This will show that the government is serious about implementing the rule of law, he said.

Echoing Shastri’s sentiments, civil society groups like Suaram and Aliran are urging the government to heed the call to open investigations.

Describing Suhakam’s findings as alarming, Aliran said priority should be placed on finding out what exactly happened to the victims, and the identities of the direct and indirect perpetrators.

The group said it is also important to determine the chain of command, and on whose instructions the abductions were carried out.

“Task force investigators need to be mindful of the concept of ‘plausible deniability’. Were the culprits acting as a rogue group, or were they taking orders from a chain of command?

“In the case of illegal or otherwise disreputable and unpopular activities becoming public, high-ranking officials may deny knowledge of such acts to insulate themselves and shift blame onto the agents who carried out the said acts, as they are confident that their doubters will be unable to prove otherwise.”

Suaram adviser Kua Kia Soong, in a statement, said police and the Home Ministry have maintained an unacceptable nonchalance since the abductions took place.

“They have consistently refused to acknowledge that they played a role in the abductions, or shed light on the whereabouts of the missing activists.

“Now that they have been fingered as the abductors, those in Special Branch, the inspector-general of police, as well as the Home Ministry, who ordered the abductions must be brought to book.”

He urged Prime Minister Dr Mahathir Mohamad and Attorney-General Tommy Thomas to step in without delay and secure the release of the two men, and bring those responsible to face justice.

Describing enforced disappearance as a heinous crime according to international law, Kua said it is also a strategy used to spread terror within society.

“The New Malaysia must never tolerate enforced disappearances, which are largely used by military dictatorships and banana republics.” – April 4, 2019.