NOTE- If Malaysian authorities fails to investigate the case ‘diligently and seriously’ or had hampered the progress of the investigation, then the abduction of 3rd parties may be with the authorization, support or acquiescence of the State, and thus would be ENFORCED Disappearance (this was also a past finding by SUHAKAM)
Media Statement – 18/7/2023
Speedy Transparent Investigation needed in Possible Enforced Disappearance of Myanmar HRD Thuzar Maung and her family in Malaysia on 4/7/2023
MADPET (Malaysian Against Death Penalty and Torture) is concerned about Malaysia’s and the Malaysian police’s diligence in investigating the incident of 4/7/2023 when Human Rights Defender Thuzar Maung(46), her husband, Saw Than Tin Win(43), her daughter, Poeh Khing Maung(16); and sons Aung Myint Maung(21) and Thukha Maung(17) was possibly enforced disappeared from their home in Kuala Lumpur. If the Malaysian authorities fail ‘…to investigate the case ‘diligently and seriously’ (and) had hampered the progress (of the investigation)…’, it may be evidence of enforced disappearance.
It was reported that all 5 are UNHCR recognised refugees, and have been in Malaysia since 2015 when they fled from Myanmar, to escape persecution and growing violence against Muslims.
Thuzar Maung, also spelled Thu Zar Moung, is an outspoken supporter of Myanmar’s pro-democracy movement. She is, amongst others, also the chair of the Myanmar Muslim Refugee Community and Myanmar Migrant Workers Committee.
According to a Human Rights Watch(HRW) statement
‘….On July 4, 2023, unidentified men abducted Thuzar Maung, 46; her husband, Saw Than Tin Win, 43; her daughter, Poeh Khing Maung, 16; and sons Aung Myint Maung, 21, and Thukha Maung, 17, from their residence in Ampang Jaya, Kuala Lumpur, based on reports from witnesses and CCTV footage. Thuzar Maung, also spelled Thu Zar Moung, is an outspoken supporter of Myanmar’s pro-democracy movement…
….At about 4:30 p.m. on July 4, a car entered the gated community where the family lives. The driver told the security guards they were police. Two hours later, Thuzar Maung was on the phone with a friend, who heard her yell to her husband that unknown men were entering the house, before being disconnected. At about 7:10 p.m., the same car and the two cars owned by Thuzar Maung’s family were seen leaving the compound. Thuzar Maung’s phone and the phones of her husband and children appear to have been immediately turned off, as no calls have gone through since….
CCTV footage at the guard booth captured the license plate of the “police” car, which Malaysian police have since identified as fake. The footage also captured a black-gloved hand of the driver of one of Thuzar Maung’s cars holding out the gate card to exit the compound. Vehicle logs show that the same car had entered the gated community on June 19. Thuzar Maung’s colleagues who entered the house on July 5 said there were no signs of robbery…’
Enforced Disappearance, Kidnapping or other crimes?
This may be a case of ENFORCED DISSAPEARANCE, whereby it the disappearance was done by agents of the State (like the police,etc) or by persons or groups of persons acting with the authorization, support or acquiescence of the State. HRW, in their statement, said that the driver of the car that was used told the security guards that they were police. The perpetrators could also be ‘agents’ of Myanmar, acting with the authorization, support or acquiescence Malaysia.
Alternatively, it could be kidnapping or abduction by criminals.
Hence, MADPET is of concern that the Malaysian police is only taking this case as a missing persons case. "The investigation has been opened under the Missing Persons' KEP," he [Selangor police chief Comm Datuk Hussein Omar Khan] said when contacted on Monday (July 17) – Star/17/7/2023.
Based on the allegations in the HRW Statement, it is more than a missing persons case, but may include kidnapping and even the crime of impersonating the police.
As it involves refugees from Myanmar, it’s of not just of national but international concern. Investigation must also proof that Malaysia is not involved directly or indirectly, and there has been no violation of the principle of non-refoulement. The 5 must be found speedily.
Enforced Disappearance - Raymond Koh, Amri Che Mat, Joshua Hilmy and Ruth Sitepu still missing
MADPET notes sadly that Malaysia to date has still not managed to find Pastor Raymond Koh, Amri Che Mat, Joshua Hilmy and Ruth Sitepu, all victims of enforced disappearance according to the findings of SUHAKAM(Malaysian Human Rights Commission).
In the case of Pastor Raymond Koh and Amri Che Mat, SUHAKAM(Malaysian Human Rights Commission) after an inquiry concluded was an enforced disappearance and that the police were behind it. ‘…Commissioner Datuk Mah Weng Kwai[a former Judge] said its decision was based on the findings of its panel that had been looking into Koh’s abduction, which took place on February 13, 2017. “The direct and circumstantial evidence in Pastor Raymond Koh’s case proves, on a balance of probabilities, that he was abducted by State agents namely, the Special Branch, Bukit Aman, Kuala Lumpur…’ (Malay Mail, 3/4/2019)
In the case of the enforced disappearance of Joshua Hilmy and Ruth Sitepu, last seen in November 2016, SUHAKAM after the inquiry ‘said it did not find evidence that the that the pastor and his wife were abducted by “agents of the state”. Suhakam commissioner Mohd Hishamudin Yunus[a former Judge], who chaired the inquiry, said their disappearance was carried out by “a person or more than a person unknown with acquiescence of the authorities”.“Their involuntary disappearance breached the laws of Malaysia,” …“However, (although) we did not find evidence that they were abducted by agents of the state, yet the authorities failed to investigate the case ‘diligently and seriously’ (and) had hampered the progress (of the investigation),” (FMT, 15/4/2022).
All 4 remains missing to date.
Official Secrets Act – Hiding of Truth? Abolish it in favour of Transparency.
Following SUHAKAM’s finding of enforced disappearance of Pastor Koh and Amri Che Mat, sadly the government’s response was not to commence investigation and prosecution, but to set up a task force to investigate SUHAKAM’s conclusions. It was given six months to complete its report. Then the Task Force report was classified secret under the Official Secrets Act, and remains classified to date. Why? What is the government hiding?
On 9/5/2023, Justice Wan Ahmad Farid Wan Salleh, ordered that the report - which was classified under the Official Secrets Act (OSA) 1972 - should be released to Amri’s wife and her lawyer, prohibiting them from disclosing the report to any members of the public.
Why was the government wanting to keep it secret? "A general assertion that the report, if disclosed, would allow criminals and enemies of the state to take advantage of the police operation is insufficient," he[Justice Wan Ahmad Farid] said in the online proceedings here on Tuesday (May 9)…’ (Star, 9/5/2023)
MADPET notes sadly, that the State has now appealed this High Court Order, and have also obtained an order staying the release of the report pending the disposal of appeal. (FMT, 7/6/2023)
MADPET calls for a speedy, comprehensive and transparent investigation into the possible enforced disappearance of Thuzar Maung, Saw Than Tin Win, Poeh Khing Maung, Aung Myint Maung and Thukha Maung. There should be ‘no secrets’ or use of the OSA to hide the revelation of truth or to protect agents of the State, or the State itself.
MADPET calls for disclosure on the stage of investigation in the enforced disappearance Pastor Raymond Koh, Amri Che Mat, Joshua Hilmy and Ruth Sitepu, Will there be any prosecution? Are there other facts of the case that are being kept secret using the OSA for reasons like to not ‘allow criminals and enemies of the state to take advantage of the police operation..’?
MADPET calls for Prime Minister Anwar Ibrahim’s Pakatan Harapan-led government that promised reforms, to immediately repeal the Official Secrets Act (OSA) 1972 and end the government culture of ‘secrecy’ in favour of transparency and accountability.
Charles Hector
For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)
Malaysia: Myanmar Refugee Activist Abducted
Urgently Locate, Ensure Safety of Thuzar Maung, Family Members
he
Myanmar refugee activist Thuzar Maung with her husband, Saw Than Tin
Win, who were abducted along with her three children from their home in
Kuala Lumpur, Malaysia, on July 4, 2023.
© 2023 private
(Bangkok) – The Malaysian government should immediately prioritize a thorough and transparent investigation into the abduction of the Myanmar refugee activist Thuzar Maung and her family, Human Rights Watch said today.
On July 4, 2023, unidentified men abducted Thuzar Maung, 46; her husband, Saw Than Tin Win, 43; her daughter, Poeh Khing Maung, 16; and sons Aung Myint Maung, 21, and Thukha Maung, 17, from their residence in Ampang Jaya, Kuala Lumpur, based on reports from witnesses and CCTV footage. Thuzar Maung, also spelled Thu Zar Moung, is an outspoken supporter of Myanmar’s pro-democracy movement.
“We fear that Thuzar Maung and her family were abducted in a planned operation and are at grave risk,” said Elaine Pearson, Asia director at Human Rights Watch. “The Malaysian government should urgently act to locate the family and ensure their safety.”
At about 4:30 p.m. on July 4, a car entered the gated community where the family lives. The driver told the security guards they were police. Two hours later, Thuzar Maung was on the phone with a friend, who heard her yell to her husband that unknown men were entering the house, before being disconnected. At about 7:10 p.m., the same car and the two cars owned by Thuzar Maung’s family were seen leaving the compound. Thuzar Maung’s phone and the phones of her husband and children appear to have been immediately turned off, as no calls have gone through since.
CCTV footage at the guard booth captured the license plate of the “police” car, which Malaysian police have since identified as fake. The footage also captured a black-gloved hand of the driver of one of Thuzar Maung’s cars holding out the gate card to exit the compound. Vehicle logs show that the same car had entered the gated community on June 19. Thuzar Maung’s colleagues who entered the house on July 5 said there were no signs of robbery.
Thuzar Maung is a long-time advocate for democracy in Myanmar and refugee and migrant rights in Malaysia. She serves as chair of the Myanmar Muslim Refugee Community and Myanmar Migrant Workers Committee and has worked closely with Myanmar’s opposition National Unity Government. She has over 93,000 followers on Facebook, where she posts criticism of abuses by Myanmar’s junta, which took power after a February 1, 2021 military coup. Her friends and colleagues expressed concern that she was targeted for her activism. The police in Kuala Lumpur have opened an investigation into the case.
Thuzar Maung fled Myanmar for Malaysia in 2015 to escape growing violence against Muslims. All five family members are recognized by the United Nations Refugee Agency as refugees in Malaysia.
“Foreign governments should press Malaysian authorities to quickly
uncover the location of this family,” Pearson said. “Myanmar activists
are apparently at risk even when they criticize the military junta from a
country where they have sought asylum.” - Human Rights Watch
Cops investigating alleged abduction of Myanmar activist and family
By FARIK ZOLKEPLI Nation
Monday, 17 Jul 2023 6:19 PM MYT
KUALA LUMPUR: The police have opened a Missing Persons' Police Inquiry Paper (KEP) over the alleged abduction of a Myanmar activist and her family in Ampang Jaya.
Selangor police chief Comm Datuk Hussein Omar Khan said the police have received a report on the matter.
"The investigation has been opened under the Missing Persons' KEP," he said when contacted on Monday (July 17).
The Human Rights Watch (HRW) had called on the Malaysian government to investigate the abduction of Myanmar refugee activist Thuzar Maung and her family.
The HRW claimed that on July 4, unidentified men abducted Thuzar Maung, 46; her husband, Saw Than Tin Win, 43; her daughter, Poeh Khing Maung, 16; and sons Aung Myint Maung, 21; and Thukha Maung, 17; from their residence in Ampang Jaya based on reports from witnesses and CCTV footage. - Star, 17/7/2023
Special Branch behind pastor Raymond Koh’s disappearance, says Suhakam
KUALA LUMPUR, April 3 — After an extensive public inquiry, the Human Rights Commission of Malaysia (Suhakam) announced today that the Special Branch, the special police intelligence team from Bukit Aman, was involved in the abduction of pastor Raymond Koh, similar to that of activist Amri Che Mat.
Commissioner Datuk Mah Weng Kwai said its decision was based on the findings of its panel that had been looking into Koh’s abduction, which took place on February 13, 2017.
"The direct and circumstantial evidence in Pastor Raymond Koh’s case proves, on a balance of probabilities, that he was abducted by State agents namely, the Special Branch, Bukit Aman, Kuala Lumpur.
“The Panel further finds that there is no evidence to support the contention, as suggested by Counsel on behalf of Pastor Raymond Koh’s family and Counsel for the Bar Council, Pastor Raymond Koh was abducted by persons or groups of persons acting with the authorisation, support or acquiescence of the State,” Mah said.
Mah said the conclusion was reached based on testimony from Amri’s wife, Norhayati Mohd Ariffin, who said she was told by Special Branch officer Mohd Shamzaini Mohd Daud that the enforced disappearances of both Koh and Amri were carried out by Bukit Aman’s Special Branch.
He
said the conclusion also drew from the police’s refusal to acknowledge
this and reclassify Koh’s case from abduction to enforced disappearance.
Based on the findings, the inquiry panel made several recommendations including the formation of a special task force to re-investigate Koh’s disappearance, the separation of powers between the police and religious authorities, and reforming the police’s standard operating procedures (SOP).
“Every effort must be made to track down the abductors of pastor Raymond Koh in a thorough police investigation,” said Mah, adding that an experienced investigating officer should be appointed for the case.
He added that the families must be given closure.
Inquiries into the disappearances of Koh, Amri, and two others missing — pastor Joshua Hilmi and his wife, Ruth Hilmi — were held under the Human Rights Commission of Malaysia Act.
The inquiry on Koh’s case took place over 21 days and heard 16 witnesses, and ended last December 8.
Koh, whose real name is Keng Joo Koh, 64, was last seen by his wife Susanna Liew Sow Yoke in February 2017 in Petaling Jaya less than three months after Amri’s abduction.
Joshua and Ruth have also been missing since 2016. - Malay Mail, 3/4/2019
No evidence couple abducted by ‘state agents’, says Suhakam inquiry
Public hearing confirms, however, that pastor Joshua Hilmy and his wife Ruth Sitepu are ‘victims of enforced disappearance’.
KUALA LUMPUR: The Human Rights Commission of Malaysia’s (Suhakam) public inquiry into missing couple Joshua Hilmy and Ruth Sitepu has held that they are victims of enforced disappearance.
However, it said it did not find evidence that the pastor and his wife were abducted by “agents of the state”.
Suhakam commissioner Mohd Hishamudin Yunus, who chaired the inquiry, said their disappearance was carried out by “a person or more than a person unknown with acquiescence of the authorities”.
“Their involuntary disappearance breached the laws of Malaysia,” the former judge said when delivering the inquiry’s decision today.
“However, (although) we did not find evidence that they were abducted by agents of the state, yet the authorities failed to investigate the case ‘diligently and seriously’ (and) had hampered the progress (of the investigation),” he said.
Joshua, a Malay who converted to Christianity, and his Indonesian wife Ruth were last seen on Nov 30, 2016 at their Petaling Jaya home.
Hishamudin pointed out that police had failed to prioritise missing persons’ cases like Joshua and Ruth’s, and did not look into the couple’s case thoroughly.
“The IO (investigating officer) testified that Joshua had been investigated for sedition for insulting Prophet Muhammad on Facebook in 2014. Groups such as Perkasa had lodged reports against him.
“We note that there were no efforts by the IO to revisit the Facebook post, which we find strange as the police should have investigated it to find any leads that might be useful in the couple’s disappearance.
“Even though some pertinent information was found during the early stage, it was not taken seriously by police and no danger alert was triggered.
“We are of the view that the lack of interest and seriousness by police in appreciating the severity of the case, treating it as a normal missing persons case, reflects the failure of the police to prioritise the case,” he said.
Hishamudin also criticised the police’s lack of speed in commencing the investigation.
“The couple’s friend Peter Pormannan lodged a report at the Klang police station in March 2017 after he couldn’t find them.
“The IO only recorded Peter’s statement one month later. As a responsible IO, it is crucial for him to act immediately at the early stage to gather as much information as possible,” he said.
The panel also found that police tried to “suppress” Joshua and Ruth’s case from the Indonesian embassy.
“According to Ruth’s brother Imam Sitepu’s testimony, he said the IO told him not to report Ruth’s disappearance to the embassy.
“We are of the view that the IO tried to suppress this case from the knowledge of other agencies and the public,” Hishamudin added.
He also said police never updated Ruth’s family on the status of the investigation, as required under the Criminal Procedure Code.
“Although Iman did not make a specific request, it is incumbent on the police to inform the family of the progress,” Hishamudin said.
Fellow commissioners Jerald Joseph and Madeline Berma
assisted Hishamudin in the inquiry, which was held from Feb 10, 2020 to
Jan 22 this year. A total of 26 witnesses assisted the inquiry. - FMT, 15/4/2022
High Court orders limited disclosure of task force report into Amri's disappearance to his wife
By NURBAITI HAMDAN Nation
Tuesday, 09 May 2023 2:18 PM MYT
KUALA LUMPUR: The High Court here has ordered the government to make a limited disclosure on a special task force report relating to the disappearance of activist Amri Che Mat, whom his family claimed to have been abducted.
Justice Wan Ahmad Farid Wan Salleh, in his decision, said that the report - which was classified under the Official Secrets Act (OSA) 1972 - should be released by first respondent Mohd Russaini Idrus exclusively to Norhayati Mohd Ariffin, who is Amri's wife.
Mohd Russaini, who is the Police Force Commission secretary, is the secretary to the task force that investigated Amri's disappearance.
Justice Wan Ahmad Farid, who was delivering his decision in a judicial review application filed by Norhayati, said that he found the first respondent's explanation in his affidavit-in-reply in the judicial review as "not watertight".
"A general assertion that the report, if disclosed, would allow criminals and enemies of the state to take advantage of the police operation is insufficient," he said in the online proceedings here on Tuesday (May 9).
However, the court prohibited Norhayati from disclosing the report to any members of the public except for her lawyers in a main suit she filed in November 2019 against 21 parties including the government and the police over the alleged failure to effectively investigate her husband's alleged abduction.
The same order also applies to the applicant's lawyers.
The court did not make any order as to costs.
Norhayati was represented by lawyer Surendra Ananth while Senior Federal Counsels Shamsul Bolhassan and Ahmad Hanir Hambaly appeared for the respondents during the proceedings.
Norhayati had first filed the main civil suit in November 2019 over her husband's disappearance and sought the discovery of the task report to be disclosed for the purpose of legal action.
The defendants in the suit, however, objected to the discovery application on the grounds that the task report was classified under the OSA.
Norhayati then filed for leave for judicial review of the matter and she was granted leave on July 19, 2022.
At the same time, she withdrew the discovery application in her main suit.
When contacted, Surendra confirmed that the main suit against the 21 parties has been fixed for case management on May 19.
"The suit is also fixed for trial between June 19 and 22," he said.
Amri was allegedly abducted in Perlis close to midnight on Nov 24, 2016.
The vehicle he used was subsequently found in an abandoned construction site at Bukit Chabang, Perlis, at around 12.30am the next day. - Star, 9/5/2023
Govt appeals against order to release report on activist’s disappearance
The government has also obtained an order staying the release of the report pending the disposal of appeal.
KUALA LUMPUR: The government has filed an appeal to overturn a court order compelling it to release a classified report on the disappearance of activist Amri Che Mat to his wife.
Lawyer Larissa Ann Louis, appearing for Norhayati Ariffin, said the appeal was filed last week. She said the government has also obtained an order staying the release of the report pending the disposal of appeal.
Last month, the High Court ordered the government to disclose the report prepared by a special task force to Norhayati within one month from May 9.
The court had, however, said Norhayati could only use the report for the purpose of her civil suit, and that she and her legal team were prohibited from disclosing it to third parties.
Amri, the founder of the NGO Perlis Hope, went missing in 2016, which led to a public inquiry into his disappearance by Suhakam between 2017 and 2019.
In 2021, the human rights commission concluded that Amri was a victim of an enforced disappearance carried out by the state, specifically by the police’s special branch.
In response, the home ministry established a task force to investigate Suhakam’s conclusions. It was given six months to complete its report.
Neither the ministry nor the task force has released the report despite repeated calls to do so by various parties, including Suhakam and other NGOs.
In December 2021, Norhayati filed a suit in the High Court seeking an order that the government declassify its report on her husband’s disappearance.
In the application to initiate a judicial review, she sought to set aside several provisions in the Official Secrets Act under which the report had been classified.
She also wanted the court to declare as unconstitutional the
government’s decision to classify a report by the special task force on
the disappearance of Amri and Pastor Raymond Koh as secret. - FMT, 7/6/2023
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