LETTER | Police should be held accountable for pastor, wife’s disappearances

LETTER | Suara Rakyat Malaysia (Suaram) commends the Human Rights Commission of Malaysia (Suhakam) for relentlessly pursuing the truth in the case of the disappearance of pastor Joshua Hilmy and his Indonesian wife Ruth Sitepu since Nov 30, 2016.

We are delighted that on April 15, Suhakam issued a comprehensive report of its findings and released, online, the data used in the investigation - including the notes of proceedings, exhibits and submissions of parties.

The Suhakam investigation heard from 26 witnesses and reviewed 129 exhibits over 22 days of hearings.

The media has highlighted that Suhakam did not find evidence that state agents were directly involved in the couple’s disappearance, unlike previously when Suhakam had concluded that the Special Branch of the Royal Malaysia Police was involved in the abductions of activist Amri Che Mat and pastor Raymond Koh.

What many failed to notice is that this difference strengthens Suhakam’s previous conclusion, because it proves that Suhakam’s conclusions are evidence-based.

Some media reports about Suhakam’s latest findings have given the impression that Suhakam has absolved the police of complicity in the disappearance of Joshua and Ruth.

That is a false impression. Suhakam’s report makes it plain that the state is complicit in the couple’s involuntary disappearance. Why? Because of strong evidence of acquiescence by the police.

Here’s a shortlist of some of the factors which caused Suhakam to conclude that the police were acquiescent:

(1) A speech by Deputy Commissioner of Police Awaludin Jadid in which he equated conversion out of Islam with terrorism and urged the public to act against those who engage in conversions.

(2) The closeness in time of Awaludin’s speech and the disappearances of Amri, Joshua, Ruth and Koh.

(3) Much evidence of “lackadaisical” investigation by the police - meaning the police did not “show enough care or enthusiasm”.

(4) Attempt by a police officer to suppress the case from the knowledge of the Indonesian embassy. (Ruth was an Indonesian citizen; her sister came to Malaysia and made a police report of her disappearance. The sergeant who received the report discouraged her from reporting it to the Indonesian embassy.)

(5) The police refused to allow Suhakam to inspect their investigation diaries - which is the only way to confirm those police officers actively and effectively pursued the investigation. This clearly implies that the police didn’t act diligently.

The failure to disclose information is especially disturbing because Malaysia is a member of the Human Rights Council of the United Nations and therefore can reasonably be expected to set the benchmark for police cooperation in cases involving potential abuses of human rights.

A week after Suhakam released its report, there has been no statement from the police. This is most disturbing. But there’s worse.

The government has chosen not to release the report of the task force it formed in June 2019 to “investigate” Suhakam’s conclusions in the Amri and Raymond cases. This lack of disclosure further tarnishes the dismal record of violations of human rights in Malaysia.

The response of the police and the government to the abductions of Amri and Raymond has been dismal.

We call on the police and the government to admit the truths so painstakingly discovered and revealed by Suhakam, and respond to Suhakam’s recommendations.

They are as follows:

1. Actively pursuing leads that were neglected earlier;

2. Revising the police’s standard operating procedures for the investigation of reports of missing persons - including essential forensic methods and supervision; and

3. Forming an Independent Police Complaints and Misconduct Commission along the lines recommended by the 2004 Police Reform (Dzaiddin) Commission, and rejecting the merely cosmetic Independent Police Complaints Commission proposed by the present government.

SEVAN DORAISAMY is the executive director of Suaram.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.