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.

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