Malaysians Against Death Penalty and Torture (Madpet) has called on the government to enact laws to criminalise enforced disappearance.
In a statement, the rights group said there is a need to review the Penal Code to incorporate the offence of enforced or involuntary disappearance.
It also said that the amendments should effectively make it an offence separate from abduction and kidnapping.
Enforced disappearance is the secret abduction or imprisonment with the backing of the state, followed by refusal to acknowledge the victim's fate or whereabouts, to place the abductee or detainee outside the protection of the law.
The advocacy group reminded the Malaysian administration that its neighbour Thailand had already enacted the Prevention and Suppression of Torture and Enforced Disappearance Act, which came into force on Feb 22 last year.
Madpet pointed out that the Philippines had also passed the Anti-Enforced or Involuntary Disappearance Act in December 2012.
"The families of victims of enforced disappearance require closure, just like those in missing (MAS) flight MH370, they have the right to know whether their loved ones are still alive or dead, and what really happened.
"They deserve justice in seeing those criminally liable being charged, tried and convicted in court.
"Madpet calls on Malaysia to expedite or re-start the investigation on the enforced disappearance as concluded by Suhakam, being (Pastor) Raymond Koh (above, left), Amri Che Mat (above, right), (Pastor) Joshua Hilmy and Ruth Sitepu until we find out what exactly happened to them, and those criminally liable are prosecuted.
"Madpet also calls on Malaysia to ratify the International Convention for the Protection of All Persons from Enforced Disappearance," the group said.
The press statement was issued in conjunction with today's global International Day of the Victims of Enforced Disappearances.
Still missing
Hilmy and his Indonesian wife Sitepu were last seen in Petaling Jaya, Selangor, on Nov 30, 2016, but were only reported missing on March 6, 2017.
Amri disappeared in Perlis on Nov 24, 2016, while Koh was abducted in broad daylight in Petaling Jaya on Feb 13, 2017.
In 2019, Suhakam concluded that Koh and Amri's abduction were enforced disappearances perpetrated by Bukit Aman’s Special Branch.
However, three years later, the commission concluded that no state agents were involved in Hilmy and Sitepu’s disappearance and that the couple were “abducted by a person or persons unknown”.
Koh and Amri’s families have since filed ongoing civil court actions to compel the authorities to divulge the two victims' whereabouts. - Malaysiakini, 30/8/2024
Amend Penal Code to criminalise enforced disappearances, says activist
Charles Hector cites Thailand and the Philippines as examples of countries with established anti-enforced disappearance laws.
Charles Hector cited Thailand and the Philippines as examples of countries with established anti-enforced disappearance laws that Malaysia should consider emulating.
He said the Philippines enacted its
Anti-Enforced or Involuntary Disappearance Act in December 2012, and
Thailand’s Act on the Prevention and Suppression of Torture and Enforced
Disappearance took effect in February 2023.
The amendments should effectively make it (enforced disappearances) an offence under the Penal Code, in addition to and separate from the offence of abduction and kidnapping, he said in a statement on behalf of the Malaysians Against Death Penalty and Torture today.
Hector said such criminalisation is necessary to align with international standards and ensure equal protection under the law, as guaranteed by Article 8(1) of the Federal Constitution.
When a person has disappeared or is missing, and the police fail to speedily investigate, find them and determine what happened, can we say that the police failed to ensure ‘equal protection of the law’ to the said victims? he asked.
He urged the government to ratify the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), a United Nations treaty intended to prevent enforced disappearances.
Under Article 6 of the convention, he said, Malaysia should criminally prosecute anyone involved in, ordering or failing to prevent enforced disappearances.
Their superiors should be held accountable if they knowingly disregard or fail to act on such acts committed by their subordinates.
Hector also called on Prime Minister Anwar Ibrahim to disclose the findings of the special task force investigating Suhakam’s claims that police were involved in the disappearances of Pastor Raymond Koh and activist Amri Che Mat.
Suhakam conducted a public inquiry from 2017 to 2019, which concluded that Koh and Amri were victims of enforced disappearances carried out by the Special Branch.
In response, the home ministry formed a special task force to investigate these findings.
Hector also called for renewed investigations into the cases of Koh, Amri, Joshua Hilmy and Ruth Sitepu, all of whom are believed to be victims of enforced disappearances.
The families of victims of enforced disappearance require closure, they have the right to know whether their loved ones are still alive or dead, and what really happened, he said. - FMT, 30/8/2024
See Full Media Statement -
Media Statement – 30/8/2024 (International Day of the Victims of Enforced Disappearances)
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