PASTOR RAYMOND KOH Contents A. Introduc�on 4 Disappearances of Joshua Hilmi, Ruth Hilmi, Amri Che Mat and Pastor Raymond Koh 4 B. Memorandum Submi�ed to SUHAKAM 5 Panel for the Public Inquiry and Terms of Reference 6 Public Inquiry into Pastor Raymond Koh’s Disappearance 8 Le�er from the Royal Malaysian Police Dated 15 January 2018 8 C. Issues to be Determined by the Panel 10 D. Posi�on of the Par�es 11 Posi�on of Counsel on Behalf of Pastor Raymond Koh’s Family 11 Posi�on of Assis�ng Officers of SUHAKAM 11 Posi�on of the Malaysian Bar Council 11 Posi�on of the Officers Appearing for the Police 12 E. Decision of the Panel 12 F. Grounds of Decision 13 The Law 13 Applicable Human Rights Principles 13 Right Against Enforced Disappearance Under Interna�onal Law 13 Right Against Enforced Disappearance Under Malaysian Law 14 What is a Public Inquiry? 16 Powers of Inquiry of SUHAKAM 17 Elements to be Proven at a Public Inquiry 18 Standard of Proof in a Public Inquiry 20 Burden of Proof in Cases of Enforced Disappearance 26 Admissibility of Evidence 28 Detailed Facts of the Disappearance of Pastor Raymond Koh 30 Direct Evidence 30 Circumstan�al Evidence 31 Summary of Events Before the Disappearance of Pastor Raymond Koh 32 Religious Concerns - Issue of Alleged Prosely�za�on 32 Thanksgiving Fundraising Dinner 32 Immigra�on Checkpoints Incidents 34 Summary of Events A�er the Disappearance of Pastor Raymond Koh 34 The Shoo�ng in Baling, Kedah 34 Recovery of Items Allegedly Rela�ng to Pastor Raymond Koh 34 Evidence of Sergeant Shamzaini Mohd Daud 38 Introduc�on 38 2