Suhakam: State agents not involved in abduction of pastor, wife

 

A public inquiry by Suhakam concluded no state agents were involved in the enforced disappearance of pastor Joshua Hilmy and his Indonesian wife Ruth Sitepu.

This is unlike activist Amri Che Mat and pastor Raymond Koh, who vanished in 2016 and 2017 respectively. Suhakam concluded they were victims of enforced disappearance by members of the Special Branch from police headquarters in Bukit Aman.

A three-member panel led by Suhakam commissioner Mohd Hishamudin Md Yunus announced today it found that the couple (above) was “abducted by a person or persons unknown” in 2016.

While reading out the inquiry report, Hishamudin linked the disappearance of the couple to Joshua's religious activity.

This included Joshua's involvement in the Christian proselytisation of Muslims in the country and sensitive posts on social media, he said.

Hishamudin said Joshua was born and raised a Muslim but converted to Christianity in Singapore in 2003.

"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," he added.

While noting that no evidence was found of the involvement of the state agents, Hishamudin, however, pointed out that the police were acquiescent to the act and ignored the equal protections granted to each citizen under the law.

"The enforced disappearance was carried out by a person or persons unknown with the acquiescence of the Royal Malaysian Police as the agent of the state.

"This is followed by a refusal on the part of the police to acknowledge the deprivation of their liberty, and such a refusal to acknowledge has placed these two persons outside the protection of the law.

"However, it is the panel's finding based on circumstantial evidence, and a balance of probability the disappearance of both Joshua and Ruth were involuntary in nature," he said.

‘Police failed to investigate’

Hishamudin criticised the police for not prioritising the couple’s disappearance since they were reported missing on March 6, 2017.

"The police have failed to investigate their disappearances in the manner as it ought to be - diligently and seriously,” he said.

This is despite a police witness in the inquiry acknowledging the missing person case was categorised as important.

The former apex court judge pointed out that three investigating officers were unwilling to divulge documents and further information when they testified before the panel.

"The state has given zero information about the disappearances and the progress of the case,” he added.

The couple was last seen on Nov 30, 2016. However, they were only reported missing on March 6, 2017.

Suhakam recommended the police review and reform their standard operating procedure in the abduction and involuntary disappearance of a person.

Hishamudin also stressed the need for police witnesses to share the investigation diary and investigating paper with the Suhakam inquiry panel.

"We recommend that Malaysia accedes to the International Convention for the Protection of All Persons from Enforced Disappearance 2006 (ICPPED)," he said.

He reiterated Suhakam's position for an Independent Police Complaints and Misconduct Commission (IPCMC) to be established as recommended by the Royal Commission of Inquiry appointed by the government. - Mkini