A�er having held lengthy discussions and delibera�ons in this case, the Panel is of the unanimous view that Pastor Raymond Koh is a vic�m of an enforced disappearance as defined in Ar�cle 2 of ICPPED that took place on 13 February 2017 at about 10:45 a.m. 35. The disappearance of Pastor Raymond Koh was neither a case of voluntary disappearance nor a case of involuntary disappearance in breach of the ordinary criminal law. 36. The direct and circumstan�al evidence in Pastor Raymond Koh’s case proves, on a balance of probabili�es, that he was abducted by State agents namely, the Special Branch, Bukit Aman, Kuala Lumpur. 37. The Panel further finds that there is no evidence to support the conten�on, as suggested by Counsel on behalf of Pastor Raymond Koh’s family and Counsel for the Bar Council, Pastor Raymond Koh was abducted by persons or groups of persons ac�ng with the authorisa�on, support or acquiescence of the State. F. Grounds of Decision The Law Applicable Human Rights Principles 38. Human rights are protected under various instruments, both domes�cally and interna�onally. Interna�onal human rights trea�es and the Declara�ons of the General Assembly of the United Na�ons categorise enforced disappearance as an infringement of human rights. Right Against Enforced Disappearance Under International Law 39. “Enforced disappearance” is defined in Ar�cle 2 ICPPED as follows: “For the purposes of this Conven�on, “enforced disappearance” is considered to be the arrest, deten�on, abduc�on or any other form of depriva�on of liberty by agents of the State or by persons or groups of persons ac�ng with the authorisa�on, support or acquiescence of the State, followed by a refusal to acknowledge the depriva�on of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protec�on of the law.” 13 PASTOR RAYMOND KOH 34.

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