The Law Applicable Human Rights Principles 34. Human rights are protected under various instruments, both domes�cally and interna�onally. Interna�onal human rights treaties and the Declara�ons of the General Assembly of the United Na�ons categorise enforced disappearance as an infringement of human rights. Right Against Enforced Disappearance Under Interna�onal Law 35. “Enforced disappearance” is defined in Ar�cle 2 of ICPPED as follows: “For the purposes of this Conven�on, “enforced disappearance” is considered to be the arrest, deten�on, abduc�on or any other form of depriva�on of liberty by agents of the State or by persons or groups of persons ac�ng with the authorisa�on, support or acquiescence of the State, followed by a refusal to acknowledge the depriva�on of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protec�on of the law.” 36. Although Malaysia is not a signatory to ICPPED, the Panel referred to and considered the defini�on of ‘enforced disappearance’ as set out in ICPPED as a guide when addressing the issue of whether the disappearance of Amri Che Mat fell within the defini�on of enforced disappearance in breach or breaches of human rights. 37. The defini�on of “enforced disappearance” 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. 38. Ar�cle 2 of ICPPED also states that when a State is involved in the depriva�on of liberty, it must be followed by a refusal of the State to acknowledge such 91 AMRI CHE MAT F. Grounds of Decision

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