Suhakam will proceed with its public inquiry on the disappearance of Amri Che Mat, pastor Joshua Hilmy and his wife Ruth Sitepu despite setbacks yesterday.

The hearing was abruptly halted yesterday after the police informed the commission that a man has been charged with kidnapping pastor Raymond Koh.

Koh was among the four individuals that were the subject of Suhakam's probe, which began last October. Thus far, the hearing had focused on the police probe on Koh's disappearance.

Public inquiry chairperson Mah Weng Kwai said the next hearing date was scheduled for Jan 22 and will look into the circumstances of Amri Che Mat's disappearance.

"There will be a different set of witnesses coming on Monday for Amri's case," he said.

Amri Che Mat is the founder of Perlis Hope, a non-profit organisation, who was allegedly abducted on Nov 26, 2016.

Suhakam cannot proceed with its probe on Koh's disappearance because it was legally barred from probing matters that are pending in court. 

Mah, a veteran lawyer, said Suhakam were never ordered to halt investigations by the police and was instead bound by Section 12 of the Human Rights Commission Act 1999.

Among others, Suhakam's probe will study whether the quartet's disappearance involved "enforced or involuntary disappearance" as defined by the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED).

ICPPED defines enforced disappearance as the arrest, detention, abduction or any other form of deprivation of liberty by agents of the state or by persons, or groups of persons, acting with the authorisation, support or acquiescence of the state.

The instrument was adopted by the United Nations General Assembly in 2006. Malaysia is not a party to the ICPPED.

Mah stressed the public inquiry and the panel were '100 percent independent' and that outsiders could not dictate its conduct.

He said this in response to some news reports which suggested the police had wanted the inquiry halted.

"If (such suggestions were) to go out in public, it would be so negative as it runs contrary to all the work over the years put in by Suhakam.

"(Critics claim) we are toothless tigers. That when the police say 'Jump', you jump. Please don't do that at Suhakam's expense," he said.

He said the law made it mandatory for Suhakam to not investigate matters that have already been brought to court.

Mah added that Suhakam will also dispatch a team to observe court proceedings for the case involving Koh's disappearance.