High Court Holds Malaysian Police and Government Accountable for Enforced Disappearance
Last month, the Kuala Lumpur High Court issued a judgment regarding the disappearance of Pastor Raymond Koh. Susanna Liew, Koh's wife, described the ruling as a significant legal development in a case that has lasted nearly nine years.
The High Court determined that the Royal Malaysian Police's elite Special Branch was responsible for the abduction of Raymond Koh. The court held both the police force and the Malaysian government accountable for what it identified as the country's first enforced disappearance case to be litigated in a court.
The Abduction and Initial Investigations
Pastor Raymond Koh, 63, was abducted on February 13, 2017, shortly after 10am. As he departed his home in a Kuala Lumpur suburb, a convoy of SUVs and motorcycles intercepted his vehicle. Masked individuals in dark clothing exited their vehicles, smashed a window of Koh's car, and forcibly removed him. He was then placed into one of the abductors' vehicles, which subsequently departed with Koh's car. The incident was captured by CCTV cameras.
Following the abduction, Koh's family discovered the CCTV footage, which indicated a coordinated operation. No ransom demands were received. This event drew comparisons to the November 2016 abduction of activist Amri Che Mat, which occurred under similar circumstances.
The public sought answers, leading to investigations by Malaysia's human rights commission (SUHAKAM) and, subsequently, a separate government inquiry. During this period, the police denied involvement, at one point instructing the public to refrain from comment. The police later claimed a drug trafficking ring was responsible for Koh's disappearance and arrested an Uber driver in connection with the case; both leads were later deemed not credible by SUHAKAM.
Family's Experience and Investigation Breakthroughs
Susanna Liew reported that following her husband's disappearance, she was questioned by police for five hours regarding whether Pastor Koh had attempted to convert Muslims to Christianity. In 2011, Koh had faced accusations of apostasy—a crime in Muslim-majority Malaysia—after organizing a church event attended by some Muslims. He and his family consistently denied any attempts to convert Muslims.
A significant development occurred in May 2018 when a man, identifying himself as a police sergeant, informed Norhayati, Amri Che Mat's wife, that the Special Branch had kidnapped both Amri and Raymond Koh. The sergeant stated that the police believed Koh was attempting to convert Muslims and Amri was spreading Shia Islam, which is prohibited in Sunni-dominant Malaysia. Ms. Norhayati's account of this confession was later deemed credible by SUHAKAM, despite the sergeant's subsequent denial.
Further investigation by SUHAKAM traced a gold-colored Toyota Vios, observed at both abductions, to an individual employed by the Special Branch.
Official Findings and Legal Actions
In April 2019, SUHAKAM concluded that the Special Branch was responsible for the abductions of Raymond Koh and Amri Che Mat. The commission stated that the men were