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.