THE Home Ministry needs to explain the role of the special task force looking into an inquiry’s conclusion that Pastor Raymond Koh and Perlis Hope founder Amri Che Mat were abducted by Special Branch, said a civil society group.

Citizens Against Enforced Disappearances (Caged) spokesman Rama Ramanathan said the task force’s terms of reference remain unclear, and called on the ministry to be forthcoming about the scope of investigations.

“Is the purpose of the task force to examine the Suhakam report that said Bukit Aman was involved, or to actually go after those responsible for the abductions, as stated in the report’s recommendations?” he told The Malaysian Insight.

He was referring to the report by the Malaysian Human Rights Commission (Suhakam), whose inquiry found Special Branch liable for Koh and Amri’s disappearance.

The Suhakam panel released the report 120 days ago.

In its recommendations, said Rama, words like “reopen” and “reinvestigate” were used.

The report suggested that the cases be treated as enforced disappearances rather than missing persons. Another recommendation was for police to forward all investigation papers and intelligence gathered to a task force for further action.

However, Home Minister Muhyiddin Yassin’s announcement in June on the task force’s formation did not indicate that the Suhakam-recommended terms of reference would be followed.

Rama said the ministry has yet to provide clear details on how the task force will address the Suhakam proposals.

“Who will do the actual work of investigating? Do they have statutory powers to do it? We don’t totally reject the task force, but we want to know, what are their terms of reference?

“Are they going to review Koh’s case, which was handled by Petaling Jaya district police headquarters investigating officer Supari Mohammad, and Amri’s case, handled by Kangar police headquarters investigating officer Inspector Khor Yi Shuen?

“Are they going to review the investigation diaries of the two officers, who told the Suhakam panel that the diaries cannot be shown because they are under the Official Secrets Act? These are some of the issues they must look at.”

Caged and Suara Rakyat Malaysia were instrumental in the initiation of the public inquiry into Koh and Amri’s disappearance. The hearings went on for more than a year. Suhakam eventually closed Amri’s case last October, and Koh’s two months later.

Rama said Caged has issued a note to the Home Ministry, recommending, in line with the Suhakam recommendations, that police hand over to the task force all materials in the two cases, such as statements, evidence and reports, including those prepared or kept by Special Branch.

“Investigate all the leads that Suhakam found to have not been adequately pursued by the investigating officers. It includes developing new theories about the disappearances, and investigating them appropriately.”

He said the task force must also review all of Suhakam’s notes on the proceedings, and assess whether any member of police or religious authorities had breached the law.

“Such breaches include, but are not limited to, withholding evidence, tampering evidence, fabricating evidence, lying under oath and inciting illegal actions.”

The task force should look into whether police’s integrity department demonstrated awareness of potential breaches as they emerged during the inquiry, and whether action was taken, he said.

“The task force should prepare investigation papers for charging officers who contravened their policies or national laws (if there is sufficient evidence). The officers may be subject to police disciplinary actions, or face criminal charges in court.”

He added that the task force’s progress reports should be made available to Koh and Amri’s families on a monthly basis.

The task force is led by former high court judge Rahim Uda, Bukit Aman Integrity and Standards Compliance Department director Zamri Yahya, Enforcement Agency Integrity Commission operations director Muhammad Bukhari Ab Hamid, Attorney-General’s Chambers legal officer (public prosecution) Mohd Sophian Zakaria, Home Ministry Police Force Commission secretary Mohd Russaini Idrus, lawyer Roger Tan, and Malaysian Anti-Corruption Commission inspection and consultancy assistant commissioner Azian Umar.

Rama said the line-up lacks credibility because of Rahim and Zamri’s conflict of interest.

Koh was abducted by masked men in Jalan SS4B/10, Petaling Jaya, on February 13, 2017.

Amri disappeared on November 24, 2016 after leaving his home in Kangar to meet a friend. He is believed to have been abducted by a group of individuals in four-wheel drives seen surrounding his car in Kg Padang Behor.

The Suhakam inquiry concluded that the duo were victims of enforced disappearance, and the panel held the view that the abductions were carried out by state agents, namely Special Branch based at the federal police headquarters. – August 4, 2019.