APRIL 5 — It is very troubling that the prime minister has casually dismissed Suhakam’s finding that the Special Branch was involved in the abduction of Pastor Raymond Koh and Amri Che Mat . This portrays a lack of understanding not just of the law, but most importantly, the duty of the government.Suhakam is empowered to conduct inquiries on any allegation concerning the violation of human rights. Such inquiries are NOT civil or criminal proceedings.
This means that Suhakam is entitled to pin liability on the State if the State fails to provide satisfactory evidence that it was not involved. The logic of this is simple. One cannot expect the family of the victim to adduce direct evidence of the State’s involvement. The witness has no direct knowledge on Robb’s abduction. It is based on the knowledge of Cersei. In court proceedings, such evidence is usually inadmissible. However, in public inquiries on human rights violations, such evidence is admissible. This is more so for enforced disappearance cases.
This is for the simple logical reason that the only person known to the family who is directly involved in the abduction is not there!This is a very serious finding against the government. It is now on the government to take the necessary steps to ensure the truth behind the abduction of Raymond and Amri is revealed. That is the purpose of the Suhakam inquiry.
Source: Law Daily Report (lawdailyreport.net)
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