that the vic�m was abducted by persons or groups of persons ac�ng with the support of the State; or 56.5. that the vic�m was abducted by persons or groups of persons ac�ng with the acquiescence of the State. 57. In Pastor Raymond Koh’s case, the first degree of culpability is not relevant. There is no evidence to indicate that Pastor Raymond Koh was arrested or detained by State agents in the exercise of their lawful powers. As such, the degrees of the State’s culpability that are relevant in Pastor Raymond Koh’s case are the second to fi�h degrees. 58. Therefore, the Panel is required to determine whether the circumstan�al evidence in Pastor Raymond Koh’s case, proves on a balance of probabili�es that he was either abducted by State agents or abducted by non-State agents with the authorisa�on, support and/or acquiescence of the State. 59. Further, the Panel is required to determine whether the evidence, direct and/or circumstan�al, can prove on a balance of probabili�es, that a�er the disappearance of Pastor Raymond Koh had occured, the State has refused to acknowledge the depriva�on of liberty of the person or has concealed the fate or whereabouts of the disappeared person as provided under Ar�cle 2 of ICPPED men�oned above. 60. In a case of an enforced disappearance, there is an indivisible connec�on between the ini�al disappearance and the refusal to acknowledge the depriva�on of liberty or concealment of the fate or whereabouts of the disappeared person. This is stated by the European Court of Human Rights in the case of Varnava & Ors v Turkey16 : "148. A disappearance is a dis�nct phenomenon, characterised by an ongoing situa�on of uncertainty and unaccountability in which there is a lack of informa�on or even a deliberate concealment and obfusca�on of what has occurred. This situa�on is very o�en drawn out over �me, prolonging the torment of the vic�m's rela�ves. It cannot therefore be said that a disappearance is, simply, an “instantaneous" act or event; the addi�onal dis�nc�ve element of subsequent failure to account for the whereabouts and fate of the missing person gives rise to a con�nuing situa�on." 16 Appl. nos. 16064/90, 16065/90, 16066/90, 16068/90, 16069/90, 16070/90, 16071/90, 16072/90 and 16073/90, Council of Europe: European Court of Human Rights, 18 September 2009. 19 PASTOR RAYMOND KOH 56.4.