That the vic�m was abducted by persons or groups of persons ac�ng with the authorisa�on of the State; 52.4. That the vic�m was abducted by persons or groups of persons ac�ng with the support of the State; or 52.5. That the vic�m was abducted by persons or groups of persons ac�ng with the acquiescence of the State. 53. In the case of Amri Che Mat, the first degree of culpability is not relevant. There is no evidence to indicate that Amri Che Mat was arrested or detained by State agents in the exercise of their lawful powers. The evidence is that he was taken away or “disappeared”. As such, the degrees of the State’s culpability that are relevant in the case of Amri Che Mat, are the second to fi�h degrees of culpability. 54. Therefore, the Panel is required to determine whether the evidence, direct and/or circumstan�al, 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 or acquiescence of the State. 55. Further, the Panel is required to determine whether the evidence, direct and/or circumstan�al, proves on a balance of probabili�es, that a�er the disappearance of Amri Che Mat had occurred, 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.20 56. 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 Turkey 21 : "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 20 Refer to paragraph 35 above. 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 21 97 AMRI CHE MAT 52.3.