Rights group calls for laws to criminalise enforced disappearance

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.

Simultaneous verdicts for Koh, Amri enforced disappearance suits

Govt promises to give classified report to Pastor Koh's family by Sept 13

Pastor Koh's family to receive classified report on enforced disappearance

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'Govt promised to look into Pastor Koh, Amri's enforced disappearance'