AMRI CHE MAT
�ll now, however, it is their posi�on that there is no evidence to show that the
Police were involved in the disappearance of Amri Che Mat.11
28.
It is the posi�on of the Officers Appearing for the Police that they have acted in
accordance within their func�ons provided under Sec�on 3(3) of the Police Act
and that all accusa�ons against the Police rela�ng to the conduct of the
inves�ga�ons, non-compliance with standard opera�ng procedures and the
involvement of any individuals related to the Police in the disappearance of Amri
Che Mat are unjus�fied and mala fide.12
29.
The Police have assured the Panel and Counsel on behalf of the family of Amri
Che Mat, Assis�ng Officers of SUHAKAM and Counsel of the Bar Council that
Police inves�ga�ons into the disappearance of Amri Che Mat are s�ll ongoing and
that immediate ac�on will be taken if there are new developments arising.13
E. Decision of the Panel
30.
Upon a detailed evalua�on of the evidence adduced, having read and considered
the wri�en submissions of Counsel on behalf of the family, Assis�ng Officers of
SUHAKAM, Counsel of the Bar Council and Officers Appearing for the Police (“the
Par�es”) and upon hearing the oral submissions of the Par�es on 6 March 2019,
the Panel has arrived at a final decision.
31.
A�er having held lengthy discussions and delibera�ons in this case, the Panel is
of the unanimous view that Amri Che Mat is a vic�m of an enforced
disappearance as defined in Ar�cle 2 of ICPPED that took place on 24 November
2016 at about 11:30 p.m.
32.
The direct and circumstan�al evidence in Amri Che Mat’s case proves, on a
balance of probabili�es, that he was abducted by State agents namely, the
Special Branch, Bukit Aman, Kuala Lumpur.14
33.
The Panel further finds that there is no evidence to support the conten�on, as
suggested by Counsel on behalf of the family of Amri Che Mat, that Amri Che Mat
was abducted by persons or groups of persons ac�ng with the authoriza�on,
support or acquiescence of the State.
11
12
13
14
Page 20, Wri�en Submissions, Officers Appearing for the Police
Page 47, Wri�en Submissions in Reply, Officers Appearing fo r the Police
Page 20, Wri�en Submissions, Officers Appeari ng for the Police
Refer to paragraphs 161 to 167 below.
90