PASTOR RAYMOND KOH 40. Although Malaysia is not a signatory to ICPPED, the Panel referred to and considered the defini�on of ‘enforced disappearance’ in ICPPED as a guide when addressing the issue of whether Pastor Raymond Koh’s disappearance fell within the defini�on of enforced disappearance in breach or breaches of human rights. 41. The defini�on of “enforced disappearance” in ICPPED can be separated into two limbs. The first limb involves the direct par�cipa�on of the State in the disappearance by forcefully taking the vic�m away. The second limb speaks of the indirect par�cipa�on of the State by giving its authorisa�on, support or acquiescence to the persons or groups of persons who have forcefully taken the vic�m away. Both limbs of the defini�on emphasise the involvement and par�cipa�on of the State in the disappearance. 42. Ar�cle 2 of ICPPED also provides that when the State is involved in the depriva�on of liberty, it must be followed by a refusal of the State to acknowledge such depriva�on of liberty or by concealment of the fate or whereabouts of the disappeared person. 43. The right against enforced disappearance is also protected in the Universal Declara�on of Human Rights 1948 (“UDHR”) as follows: 44. "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 45. 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.” 14