I. Recommenda�ons of the Panel
172.
Pursuant to the Panel’s last Term of Reference “To recommend measures or
guidelines to be taken to ensure that such alleged breach or breaches do not
recur,” the Panel makes the following recommenda�ons:
Authori�es to Respect Freedom of Religion as a Fundamental Human
Right
173.
The fundamental human right to freedom of religion is explicitly set out in the
Universal Declara�on of Human Rights as well as in Ar�cle 11(1) of the Federal
Cons�tu�on of Malaysia read with Ar�cle 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 propaga�on of any religious doctrine or
belief among persons professing the religion of Islam.” Freedom of religion is also
recognised in several other instruments such as the Interna�onal Covenant on
Civil and Poli�cal Rights (“ICCPR”), the Declara�on on the Elimina�on of All
Forms of Intolerance and of Discrimina�on Based on Religion or Belief and
resolu�ons of the Human Rights Council and the General Assembly, to name a
few.
174.
It is therefore vital that the State and its agents, including the Police and equally
the State Religious Authori�es, recognise and respect this right. The authori�es
should be reminded of Ar�cle 3 of the Federal Cons�tu�on of Malaysia to wit:
“Religion of the Federa�on
3(1) Islam is the religion of the Federa�on; but other religions may be
prac�ced in peace and harmony in any part of the Federa�on.”
Demarca�on Between the Police and the Religious Authori�es
175.
From the evidence adduced during the Public Inquiry, it is clear that both the
Police and the religious authori�es are uncertain of the extent of their powers
61
PASTOR RAYMOND KOH
(PFC 1623) and this informa�on was later given to Inspector Khor by Aizat.
Norhaya� also tes�fied that Sgt Shamzaini had informed her that the gold Toyota
Vios was in fact present during Amri Che Mat’s abduc�on and that she should
advise her solicitors to harp on the fact in the next hearing before the Panel.