ANNUAL REPORT 2019 i. ii. Enforced disappearance by Non-State Agents The Panel finds there is no evidence to support the contention that Pastor Raymond Koh and Amri Che Mat were abducted by persons or group of persons acting with the authorisation, support or acquiescence of the State. Recommendations of the Panel of Inquiry4 i. Authorities to respect freedom of religion as a fundamental human right The fundamental right to freedom of religion is explicitly set out in the UDHR as well as Article 11(1) of the Federal Constitution of Malaysia, read with Article 11(4) which states that “state law and, in respect of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam”. Freedom of religion is also recognised in the International Covenant on Civil and Political Rights (ICCPR), the Declaration on the Elimination of all Forms of Intolerance and of Discrimination Based on Religion or Belief, and resolutions of the UN Human Rights Council and General Assembly. ii. Demarcation between the police and religious authorities The Panel is of the view that the police should not be involved in religious matters unless the situation warrants such an intervention. A clear demarcation must be drawn up, shared with the public and enforced accordingly. The Panel recognises that there are situations where police assistance is needed to ensure that law and order are maintained. Therefore, there must be clear SOP for police intervention. It must be emphasised that intervention should only be exercised in situations of real, grave and imminent threat to national security. 4 Public Inquiry into the Disappearance of Pastor Raymond Koh: Final Decision, 61-68. CHAPTER 1 Enforced Disappearance by Agents of the State The Panel is of the considered view that the enforced disappearance of Pastor Raymond Koh and Amri Che Mat was carried out by the agents of the State namely, the Special Branch, Bukit Aman. Their disappearance falls within the definition of the first limb of Article 2 of International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED). 73