AMRI CHE MAT depriva�on of liberty or by concealment of the fate or whereabouts of the disappeared person. 39. 40. The right against enforced disappearance is also protected in the Universal Declara�on of Human Rights 1948 (“UDHR”) as follows: "Ar�cle 3 Everyone has the right to life, liberty and security of the person… Ar�cle 6 Everyone has the right to recogni�on everywhere as a person before the law… Ar�cle 9 No one shall be subjected to arbitrary arrest, deten�on or exile." By virtue of Sec�on 4(4) of the Act, the Panel shall give regard to the UDHR to the extent that it is not inconsistent with the Federal Cons�tu�on. Right Against Enforced Disappearance Under Malaysian Law 41. In Malaysia, the right to liberty is enshrined in Ar�cle 5 of the Federal Cons�tu�on of Malaysia (“FC”) which states :“Liberty of the person 5(1) No person shall be deprived of his life or personal liberty save in accordance with law.” 42. On the issue of the right against enforced disappearance, a dis�nc�on must be drawn between ‘enforced disappearance’, ‘kidnapping’, ‘abduc�on’ and ‘missing person’ by referring to, among others, Sec�on 3 of the Kidnapping Act 1961 and Sec�on 362 of the Penal Code of Malaysia.15 42.1. Sec�on 3 of the Kidnapping Act 1961 provides that a case will be one of kidnapping where a ransom is demanded: “Abduc�on, wrongful restraint or wrongful confinement for ransom 15 There are other various offences relevant to the discussion on enforced disappearance, among others, Sec�ons 359 to 369 of the Penal Code 92