A rights group has threatened to sue Inspector-General of Police Mohamad Fuzi Harun, if he fails to fulfil three legal remedies over the disappearance of pastor Raymond Koh and activist Amri Che Mat.

The group of individuals and lawyers, who call themselves Citizens Against Enforced Disappearances (Caged), said it would also name the government and home minister in the suit if no action is taken within a month.

According to lawyer Andy Yong, the group is demanding the three parties to fulfil the legal remedies which was suggested by the Human Rights Commission (Suhakam), namely:

  • for an independent task force to be set up to investigate the disappearances;
  • for the men's families to be given first hand information on their cases; and 
  • for possible monetary damage.

"We know that before this, the Special Branch could solve cases like terrorism activities, crimes, and we do not see why they can't solve cases like this. And what had occurred is wrong and fishy as well.

"Thus, lawyers and Caged will give a one-month notice to the Malaysian government, the home minister and IGP to take the appropriate actions as soon as possible on our demands," he said during a press conference in Petaling Jaya today.

Yong said the suit will be filed by eight lawyers and Caged.

He added that the demand comes following the conclusion of Suhakam's inquiry into the disappearances on April 3, which found that the police's Special Branch was responsible for Koh and Amri's enforced disappearances.

"The findings of the Suhakam inquiry showed that the Special Branch was involved. Thus, we believe that the government is responsible for the disappearance of the two men," he said.

Koh, Amri's families respond

However, the families of Koh and Amri later said that Caged and lawyers who threatened the legal suit do not represent them.

"I wish to clarify that Andy Yong and all the lawyers who were present at this press conference organised by him do not represent the families of the Pastor Koh and Amri Che Mat. 

"Yong has never spoken with my clients at any time, from the day their husbands were abducted until now," read a statement by Sheryll Stothard, who represents Koh's wife Susanna Koh and Amri's wife Norhayati Mohd Ariffin.

The statement added that Susanna and Norhayati have not made any firm decisions regarding their next steps, except to reiterate their support for Suhakam's recommendations to the government.

Mahathir's call for proof 'unacceptable'

Yong also described a statement by Prime Minister Dr Mahathir Mohamad who asked Suhakam to show proves that the Special Branch was involved in the incidents as something that is unacceptable.

On April 5, the government announced that they will open a new investigation into the disappearances following Suhakam's report.

“We will start another (probe) and open a new investigation. But to do this, we will wait because the accusation is directed at the present IGP.

“Wait until there is a change of IGP. We will then set up a group to study if there is substance in the hearsay evidence by Suhakam,” Mahathir had said during a press conference in Putrajaya.

Meanwhile, Caged spokeperson Rama Ramanathan said there is the need to set up the Independent Police Complaints and Misconduct Commission (IPCMC) to bring change the situation.

"What we are seeing today is only the tip of the iceberg. How many more cases of kidnapping had occured? How many more will happen?

"How can the police do things freely without being subjected to punishment? Without IPCMC, the situation won't change," he said.