Witnesses will have to testify
Published on: Wednesday, October 11, 2017
Kota Kinabalu: The Human Rights Commission of Malaysia (Suhakam) will subpoena those who refuse to show up for public hearings aimed at finding answers to the disappearance of Pastor Raymond Koh, social activist Amri Che Mat, Pastor Joshua Hilmi and his wife Ruth Hilmi, although it does not have the power to prosecute.Suhakam Commissioner Dato Mah Weng Kai, who will chair a three-member panel in the public inquiry, said letters have been issued to 24 witnesses and hoped they will come voluntarily."All the letters have gone out. Hopefully they will not say they don't want to cooperate."
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"If they don't come we can issue a subpoena. And if they don't respect it, it's an offence under the penal code," he said. Suhakam has no prosecution powers.The public hearing will be held in accordance with Section 12(1) of the Human Rights Commission Malaysia Act 1999 (Act 597) at Suhakam's office in Kuala Lumpur on Oct. 19, 20 and 30, and November 2,3,13,14,15,15 and 17. Mah will be assisted by Prof Datuk Aishah Bidin and Dr Nik Salida Suhaila Nik Saleh.The inquiry aims to determine whether the four missing persons are victims of enforced or involuntary disappearance.
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"We want to determine whether they have been abducted by criminals or whether there is an unseen hand from some agencies. We don't know. We hope to find out. Our terms of reference aims to identify what went wrong and how we can make sure things like that don't happen again. And (we want to determine) if there are breaches of the law not only criminal law but also (in relation to) human rights," he said.He said members of the public have the right to know what actually happened.
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"If there's no wrong doing by any agency or anybody we will say so, so that all the suspicions and allegations can be cleared," he added.In February, 62-year-old Koh, was allegedly abducted from his car by a group of more than 10 men.Social activist Amri, 44, Joshua and his wife Ruth, are all have been missing since last November.Suhakam will do a report together with its recommendations which will be sent to all the relevant authorities after the inquiry is completed.In June, Suhakam had called for individuals with information on the case to come forward to have their statements recorded.In a recent statement, the commission said it had recorded 35 statements from witnesses for all cases and the inquiry process was meant to answer questions so as to cast some light to the situation.According to the statement, the terms of reference for the inquiry are as follows:a) To determine whether these are cases of enforced disappearances as defined under the International Convention for Protection of all Persons from Enforced Disappearances or are cases of involuntary disappearances in breach or breaches of the criminal and/or civil law and/or applicable human rights laws (hereinafter referred to as such alleged breach or breaches);b) If (a) has been established at the inquiry:i. How such alleged breach or breaches came about;ii. To identify person(s) or agency(ies) responsible for such alleged breach or breaches;iii. What administrative directives or procedures, or arrangements contributed to such alleged breach or breaches.Stay up-to-date by following Daily Express’s Telegram channel.
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