ENFORCED disappearances should be made a Penal Code offence while the powers of the police should be clearly separate from the religious authorities, an inquiry panel into the abductions of pastor Raymond Koh and Perlis activist Amri Che Mat recommended today.

The Malaysian Human Rights Commission of Malaysia (Suhakam) is also asking for a special task force to reopen investigations into the abductions which took place more than three years ago.

These are among recommendations in the 194-page report on Amri and Koh which Suhakam will hand to the relevant agencies, following its conclusion today that both men were victims of enforced disappearance carried out by the state.

The panel was unanimous in its findings that Special Branch removed Amri in November 2016 and Koh in February 2017, both in commando-style abductions.

High on the list of suggestions is for Putrajaya to amend certain laws. 

This includes reviewing the Penal Code and Criminal Procedure Code to incorporate involuntarily missing persons and to make it a separate offence from abduction and kidnapping, the panel recommended.

On a special task force to reopen investigations, the panel said an experienced investigating officer should be appointed to head it.

The task force should also include independent investigators appointed by the attorney-general.

Other reforms to the police’s standard operating procedures (SOP) were also recommended to address various shortcomings, such as the lack of cooperation, suppression and concealment of evidence by the police which the panel found was evident during the course of the year-long inquiry. 

SOP reforms should also look at implementing proper communications protocol and informing the family and the public regularly on case updates. 

Police protocol requiring that a 24- hour period must lapse before a person can be classified as “missing” should also be reviewed, the panel added.

The panel was also of the view that the police and religious authorities were unclear about their respective powers and jurisdiction.

Police should not be involved in religious matters unless the situation calls for such intervention when there is grave danger and threats to national security, the panel said.

Suhakam commissioner and inquiry chairman Mah Weng Kwai told The Malaysian Insight that the findings which will be submitted to the authorities contain an account of the facts, the law, conclusions and the recommendations.

“Once we have announced the findings, we will submit it to the commission. They will then hand over the report to the police and the relevant agencies,” he said. – April 3, 2019.