Who Is Responsible For Ling S Enforced Disappearance

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A fearless lawyer, Sangeet Kaur Deo seems to hit the nail on the head when she lamented that the disappearance of Pamela Ling has raised serious questions about public safety in Malaysia.
Most probably the authorities or the government would disagree with her and in turn, speak ad nauseam about how safe Malaysia is.
Yes, relatively speaking, one may argue that Malaysia is generally a safe and peaceful country. Ironically, a safe country like Malaysia has not been totally free from the menace of enforced disappearance.
Unfortunately, the scourge of enforced disappearance is here to stay. Hitherto, the disappearances of Raymond Koh, Amri Che Mat, Joshua Hilmy, and Ruth Sitepu have remained a profound mystery and a source of concern among many.
ADSDespite the fact in 2019, Suhakam held that Koh and Amri's abduction was classified as enforced disappearances perpetrated by Bukit Aman’s Special Branch- the implicated culprits, unfortunately, have not been brought to book yet.
As far as Ling’s disappearance is concerned, two public authorities are supposed to take full responsibility, namely the MACC and the police force.
Sangeet Kaur DeoTo date, neither has graciously owned the blame.
In fact, MACC chief commissioner Azam Baki said it is unfair to blame the commission over the matter.
Azam was also reported to have said: “The public needs to stop speculating on this case and allow the police space and time to investigate it. You cannot blame us for her disappearance as the incident was beyond our control and occurred on a public road and not within the MACC compound”.
Azam’s lame excuse
Is it reasonable or justified for Azam to argue that Ling’s disappearance was completely beyond MACC’s control just because it occurred on a public road and not within the MACC compound?
Unfortunately, it sounds like a lame excuse. Azam seems to be oblivious to the fact that Ling’s enforced disappearance occurred while she was en route to meet MACC investigators on April 9 in order to facilitate a money laundering investigation and she was abducted before she could reach her destination - the MACC building.
MACC chief commissioner Azam BakiAs Ling was about to meet MACC investigators, Azam should have been fully aware that it was part of MACC’s sacrosanct responsibility to ensure that she would reach the destination safely.
And the MACC should have been fully alert about the nature of the information she might have possessed.
Perhaps, such information was highly sensitive, so much so that her safety might have been in danger if no protection was readily available.
Be that as it may, the MACC should have provided her with all the required and necessary protections!
ADSThe fact that Ling was allegedly abducted by individuals wearing police uniforms seems to reinforce the belief that she might have in her possession some highly sensitive information relating to such a money laundering investigation.
Ling’s court case against MACC
There is another compelling reason for us to doubt Azam’s aforesaid justification.
The fact also demonstrates that just two days before the disappearance, Ling had filed a judicial review application in the High Court of Malaya challenging the actions of the graft busters.
And in her suit she, inter alia, claimed that the MACC is alleged to have, among others, used its powers under the MACC Act and anti-money laundering laws to exert pressure on her to resolve private disputes with her husband, rather than for legitimate investigative purposes.
In addition, the court’s documents also alleged that the MACC had also arrested and remanded her without proper legal basis and in breach of due process, and subjected her to a travel restriction without explanation, despite her full compliance with MACC requirements
Give cops space?
How about the police? Is our police force completely blameless? With due respect, it amused me when Azam told the nation that the public should allow the police space and time to investigate Ling’s enforced disappearance.
When Ling's Grab driver categorically claimed in his police report that individuals wearing police uniforms allegedly stopped his vehicle and forced Ling to exit, this fact shows beyond any doubt that, in all likelihood, our police force might have been involved in Ling’s disappearance.
Assuming our police force is proven to have been involved in any police investigation involving any police wrongdoings, the transparency of such an investigation might be unduly compromised.
Finally, it is high time for Malaysia to emulate its neighbour, Thailand to duly ratify the International Convention for the Protection of All Persons from Enforced Disappearance (Icpped).
Thailand has duly enacted the Prevention and Suppression of Torture and Enforced Disappearance Act, which came into force on Feb 22 last year.
Having enacted the said law, Thailand, to its credit, also undertook its international obligation by depositing an instrument of ratification to ICPPED on May 14 this year, which came into effect on June 13.
Under international criminal law, enforced disappearance is considered a crime against humanity.
It is interesting to note that the Philippines also decided to promulgate an Anti-Enforced Disappearance Law, despite the fact that the country has yet to become a state party or a signatory to the Icpped.
It depicts the absence of such a ratification does not necessarily bar the country from having domestic legislation dealing with the scourge of enforced disappearance.
It also shows that what is really needed is a political will.
So far, Malaysia has not signed, let alone ratified the Icpped. It has not enacted any law dealing with enforced appearance either.
It is hoped that the menace of enforced appearance would not haunt any Malaysians forever in the absence of such a law. - Mkini
HANIPA MAIDIN is a former deputy law minister.
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.

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