PASTOR Joshua Hilmy and his Indonesian wife Ruth Sitepu were victims of enforced disappearance, the Malaysian Human Rights Commission (Suhakam) inquiry concluded today. 

The panel could find no evidence that state agents were involved in their disappearance. 

Suhakam chief commissioner Hishamudin Yunus said the evidence showed that their abductions were carried out by one or more persons.

“It’s the panel’s finding that there was no arrest or official detention and abduction effected against Joshua and Ruth by state agents; thus we could not come to a conclusion to this effect,” Hishamudin said at the Suhakam headquarters in Kuala Lumpur. 

Hishamudin said the panel had also found Joshua and Ruth to have been abducted by “person or persons unknown” in 2016.

He said the panel also concluded that the authorities had failed to thoroughly investigate the case. 

“The panel is of the view there was lack of seriousness (and failure to recognise) the severity of the case by referring to it just a normal missing persons’ case. 

“(There was a) lack of coordination by the police and it was not seriously and efficiently supervised by the management in the police force. 

“It is the findings of the panel that it was a sloppy and tardy police investigation.”

Hishamudin said that based on circumstantial evidence and on a balance of probabilities, the couple were abducted by person or persons unknown.

He said this was based on the following facts as established by the evidence that Joshua and Ruth were involved in religious activities and while the pastor was also involved in blasphemy.

“Joshua and Ruth were involved in baptizing and converting certain Muslim individuals to Christianity.

“In the context of the Malaysian-Muslim society such activities were highly dangerous and provocative as many, if not most Muslims, regard the activities as undermining the Islamic faith and the cohesion of the Muslim community.

“Joshua had publicly insulted the Prophet Muhammad. One of his Facebook postings had triggered the anger of a Muslim community resulting in the Chembong Reports being lodged by a Muslim civil society group known as Pertubuhan Pribumi Perkasa (Perkasa) on June 2014.”

He also said there is the evidence that Joshua had received threats from unknown sources.

“It came in the form of mysterious emails purporting to be from the former Youth and Sports Minister, Khairy Jamaluddin.

“There were a threat via a letter which purports to bear the Coat of Arms of Malaysia and Joshua had received two threatening phone calls.

“Until today, the bodies of Joshua and Ruth and the car belonging to them has never been discovered.”

Hishamudin said the panel had reached the following conclusion in relation to its terms of reference on whether these are cases of enforced disappearances.

“The disappearances of Joshua Hilmy and Ruth are cases of enforced disappearances as defined under Article 2 of the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED).

“The government of Malaysia has breached the principle of Article 2 of the ICPPED, which has been recognised as having been developed and crystallised into customary international law.

“Their disappearances are cases of involuntary disappearances in breach of the criminal and or civil law andor applicable human rights laws.”

As for recommendations, Hishamudin said the police force needs to strengthen and improvise its standard operating procedure relating to the investigations of missing persons, abductions and disappearances.

“As the police investigation on the disappearances of Joshua and Ruth are still ongoing, it is our recommendation the police seriously step up its investigations on the case, taking into account criticisms and recommendations, such as that the police investigation paper be shared with other bodies with investigative powers to enhance forensic investigations.”

Ruth’s sister Ram Ram Elizabeth said that the family are still seeking closure.

“We hope the authorities and government agencies undertake their sworn duty to to help us.

“We just want closure. If they are indeed dead please return her body. It is only the right and decent thing to do.”

The Indonesian Embassy in a statement wants the government to take the necessary action by conducting a thorough investigation.

“The Indonesian government stands ready to assist the authorities here. We urge the Malaysian government not to rest until this case is solved.

“Ruth’s family, the public and Malaysians deserve to know the truth.”

The Suhakam panel was chaired by Hishamudin and commissioners Jerald Joseph and Madeline Berma.

Joshua and Ruth’s disappearance was reported by their friend Peter Pormannan, who had known the couple since 2012. 

He lodged a police report on March 6, 2017, after not hearing from Joshua for months.

Ruth’s family also came to Malaysia to lodge an official missing persons report on February 28, 2018.

More than a year later, police said there were simply no leads.

The disappearances of Ruth and Joshua, Koh, and Amri remain Malaysia’s three most high-profile missing persons cases. – April 15, 2022.