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
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AMRI CHE MAT
F. Grounds of Decision