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iii. Reform of Police Standard Operating Procedures
Investigation papers
In the interests of justice and public interest, the Panel is of the view
that documents such as the sketch plan of the scene should be
declassified, be produced and admitted as evidence in the Public
Inquiry to facilitate the Panel’s investigation.
Cases of missing persons, abductions and disappearances
In view of the Panel’s finding that Pastor Raymond Koh and Amri Che
were victims of enforced disappearance, the Panel urges the police
to reclassify both cases as an enforced disappearance case from a
missing persons case and to re-investigate accordingly.
Role of Special Branch
The Panel recommends that the Special Branch is made accountable
and its powers and responsibilities are spelt out in the law so that it
can function impartially and independently. The term ‘security’ must
also be clear to avoid the abuse of power. These changes will put
the agency under scrutiny but will increase its accountability.
Independent Police Complaints and Misconduct Commission (IPCMC)
Counsel for the families of Pastor Raymond Koh and Amri Che Mat
and from the Bar Council submitted that an integral part of the primary
investigations into the disappearance of the above individuals would
be to investigate the conduct of the police investigation to date. This is
based on their belief that the police investigation was a cover-up. This
situation supports the call by the Bar Council to establish the IPCMC so
that allegations against the police can be properly addressed.
iv. Set up a Special Task Force to investigate the disappearance of
Pastor Raymond Koh and Amri Che Mat
The Panel recommends that a Special Task Force be set up to reopen and re-investigate the cases of Pastor Raymond Koh and Amri
Che Mat as enforced disappearances, instead of missing persons.
The Special Task Force should comprise independent investigators to
be appointed by the Attorney General.
v. Legal reform
Amendments to the law in Malaysia
The Penal Code and Criminal Procedure Code should be reviewed
to incorporate enforced or involuntary disappearances as a specific
category under missing persons.