Whether there was a refusal to acknowledge the disappearance of or
concealment of Pastor Raymond Koh’s fate or whereabouts by the State.
D. Posi�on of the Par�es
Posi�on of Counsel on Behalf of Pastor Raymond Koh’s Family
27
It is the posi�on of Counsel on behalf of the family of Pastor Raymond Koh that
the disappearance of Pastor Raymond Koh is a case of enforced disappearance
as defined under the first limb of Ar�cle 2 of ICPPED and that the enforced
disappearance was carried out by agents of the State.
28.
Counsel on behalf of the family also submi�ed in the alterna�ve that the
disappearance of Pastor Raymond Koh is a case of enforced disappearance as
defined under the second limb of Ar�cle 2 of ICPPED and that the enforced
disappearance was carried out by persons ac�ng with the authorisa�on, support
and/or acquiescence of the State. 7
Posi�on of Assis�ng Officers of SUHAKAM
29.
It is the posi�on of the Assis�ng Officers of SUHAKAM that on a balance of
probabili�es, Pastor Raymond Koh is a vic�m of enforced disappearance and that
he was abducted by a group of highly trained personnel.8
Posi�on of the Malaysian Bar Council
30.
The Counsel of the Bar Council have concurred with the submissions made by
Counsel on behalf of the family. However, Counsel of the Bar Council further
submi�ed that the disappearance of Pastor Raymond Koh is a case of involuntary
disappearance in breach or breaches of the criminal law, civil law and human
rights. 9
7
Refer to page 77 of the Wri�en Submission of Counsel on behalf of the Family of Pastor Raymond Koh dated 15 January
2019.
8
Refer to page 27 of the Wri�en Submission of the Assis�ng Officers of SUHAKAM dated 15 January 2019.
9
Refer to page 18 of the Wri�en Submission of Counsel of the Bar Council dated 4 February 2019.
11
PASTOR RAYMOND KOH
26.3.