State Enforced Disappearance Case

State of Fear: A Landmark Verdict Exposes Police Role in Malaysia’s Abductions

In a monumental judgment that pierced through years of state denial, a Malaysian court has delivered a stunning victory to the spouse of a Christian pastor who was kidnapped. Susanna Liew, who has relentlessly campaigned for the truth behind her husband's disappearance, successfully brought a civil case against the state and its law enforcement body. This landmark decision has captivated the nation, offering a powerful vindication for a family that refused to be silenced. The ruling brings a measure of accountability to a legal matter that now represents a symbol of impunity and the vulnerability of religious minorities. It confirms what the family long suspected, sending shockwaves through the country’s political and security establishment and raising profound questions about rogue elements within state institutions.

An Audacious Daylight Kidnapping

The ordeal for the Koh family began on a Monday morning in February 2017. Pastor Raymond Koh was driving his silver Honda Accord through a Kuala Lumpur locality when his path was blocked by a convoy of black SUVs. Masked men, operating with military-style precision, swarmed his vehicle in a manoeuvre that took less than a minute. They forced him from his car before driving him away into an unknown fate. The entire shocking incident unfolded in the middle of the day and was captured on multiple CCTV cameras, footage of which later horrified the public. Witnesses watched on, seemingly powerless, as a respected community figure vanished without a trace. His car was later found abandoned, but of the pastor himself, nothing has been seen or heard since.

A Second Man Vanishes

Just a few months before Pastor Koh's abduction, another man disappeared under similarly troubling circumstances, creating a disturbing pattern. Amri Che Mat, a community advocate from the Shia Muslim faith, was last seen in his home state of Perlis in November 2016. His vehicle was discovered abandoned near a construction site with the engine still running. The parallels between the two cases were immediately apparent to observers and, most chillingly, to the families involved. Both men were active in their communities, both were from religious minority groups, and both were taken in operations that suggested a high degree of professional coordination. These twin disappearances sparked intense public speculation and fear, pointing towards a sinister campaign targeting individuals deemed a threat to the religious orthodoxy.

A Wife’s Unyielding Crusade

In the face of official indifference and stonewalling, Susanna Liew emerged as a formidable advocate for justice. She transformed her personal tragedy into a public campaign, refusing to let her husband's memory fade. Liew tirelessly engaged with the media, organised vigils, and petitioned politicians, becoming a prominent human rights defender in her own right. Her quiet determination became a powerful symbol of resistance against state overreach. She co-founded the citizens’ group, Citizens Against Enforced Disappearances (CAGED), to support other families in similar situations and to lobby for institutional reform. Her journey through the legal system was a testament to her resolve, culminating in the lawsuit that would finally hold the state accountable for its actions.

The Parallel Fight for Amri

Alongside Susanna Liew, another woman was waging her own desperate battle for answers. Norhayati Mohd Ariffin, Amri Che Mat's spouse, showed immense courage in her pursuit of the truth. She faced similar obstacles, with authorities offering little information or support following her husband's disappearance. Norhayati navigated a complex and often intimidating system, demanding that the police conduct a proper investigation into her husband's fate. Like Liew, she initiated a civil suit against the government, seeking not only damages but also official acknowledgement of the state's failure to protect its citizen. Her legal challenge ran parallel to the Koh case, with both women providing mutual support in a shared struggle against a seemingly impenetrable wall of silence.

Years of Official Obfuscation

From the outset, the families of both missing men were met with a frustrating pattern of denial and evasion from the authorities. The Royal Malaysia Police repeatedly refuted any involvement of its officers in the abductions. Early investigations were slow and yielded no meaningful results, increasing the families' anguish and suspicion. The official narrative often seemed to deflect from the obvious evidence, with police suggesting on occasion that the two individuals might have gone into hiding voluntarily or been the victims of personal disputes. This refusal to seriously investigate the possibility of state involvement created an atmosphere of impunity and left the families feeling isolated and abandoned by the very institutions meant to protect them.

The Human Rights Commission Intervenes

As public pressure mounted and the police investigation stalled, Malaysia's national human rights institution, SUHAKAM, launched its own public inquiry in 2017. The panel heard from dozens of witnesses over many months, including family members, police officers, and experts. It meticulously examined the CCTV footage of Koh's abduction and scrutinised telephone records and police procedures. The inquiry became a crucial public forum for evidence that had otherwise been ignored. It represented one of the few avenues through which the families could formally present their case and challenge the official narrative in a transparent setting, providing a glimmer of hope that an independent body might uncover the truth.

A Damning Verdict on the Special Branch

In April 2019, the SUHAKAM inquiry delivered its explosive findings. After weighing all the evidence, the panel concluded that, on the balance of probabilities, both Amri Che Mat and Raymond Koh had been subjected to an enforced disappearance. The commission went further, directly implicating the state apparatus. It named the police's own elite intelligence unit, the Special Branch, as the likely perpetrator. This was a stunning public condemnation of a secretive and powerful arm of the government. The commission's report detailed the striking similarities between the two abductions and concluded they were carried out with a level of sophistication that pointed directly towards trained state agents rather than criminal gangs.

The Secret Report of a Special Task Force

In response to SUHAKAM’s damning report, the government established a special task force in 2019 to reinvestigate the disappearances. However, its final report was classified under the Official Secrets Act, withholding its findings from the public and the families. It was only through the legal discovery process in their civil suits that Susanna Liew and Norhayati Ariffin were finally able to gain access to the document. The report, when finally revealed, confirmed the existence of a rogue element within the police force. It stated that the operative leading the Special Branch operation held extreme religious views and acted with a team of "rogue cops," corroborating the families' worst fears about religiously motivated extremism within law enforcement.

Motives Rooted in Religious Intolerance

The investigations by SUHAKAM and the government's own task force shed light on the probable motives behind the abductions. Pastor Koh faced accusations of attempting to convert Muslims, an activity viewed with great suspicion by religious conservatives in Malaysia. Although his relatives have consistently refuted this claim, he was perceived as a threat. At the same time, Amri Che Mat's Shia Muslim faith made him a target. The state officially endorses the Sunni school of Islam, and Shia teachings are considered deviant by the country's religious authorities. The disappearances were therefore not random acts of violence but were seemingly part of a targeted campaign to suppress individuals whose beliefs or activities were seen as challenging the established religious order.

Navigating Malaysia's Religious Landscape

These cases highlight the complex and often tense religious dynamics within Malaysia. The federal constitution guarantees freedom of religion, but this freedom is not absolute. Islam is the official religion of the federation, and the state actively promotes a conventional interpretation of Sunni Islam. Laws exist that make it illegal for Muslims to convert to another religion, a concept known as apostasy. Religious enforcement bodies have significant power to police the moral and theological behaviour of the Muslim population. This environment creates a precarious situation for religious minorities and non-Sunni Muslim sects, who can find themselves under scrutiny from both state and non-state actors for activities deemed to be against the interests of the official interpretation of Islam.

A Judge Delivers a Historic Rebuke

The Kuala Lumpur High Court delivered its verdict on a landmark Wednesday in Susanna Liew's civil suit. The judge's decision was decisively in her favour, assigning culpability for the kidnapping of Pastor Raymond Koh to the Royal Malaysia Police and the nation's government. The judgment officially classified his disappearance as an enforced disappearance, a legal term for when state officials, or those acting with state consent, seize a person and then deny holding them or conceal their whereabouts. This was the first time a Malaysian court had made such a ruling, setting a powerful legal precedent. The decision legally validated the years of assertions by the family and the findings of the SUHAKAM inquiry, holding the state directly responsible.

A Record-Breaking Compensation Order

Beyond the declaration of liability, the court awarded a substantial sum in damages to Susanna Liew and her family. An initial payment for proven emotional distress was part of the order. More significantly, the judge instituted a rolling payment of 10,000 ringgit that would apply for every 24-hour period Pastor Koh was missing, beginning on the date he was taken. This daily sum will continue to accumulate until the state finally discloses his whereabouts, a mechanism designed to compel officials to reveal what they know. The total amount, which already exceeds 31 million ringgit, is anticipated to become the most substantial settlement from a civil action in the nation's judicial records. These funds will be placed into a trust, where Ms Liew and her children are expected to be named as beneficiaries.

Justice Partially Served for Amri's Family

In a separate but related ruling on the same day, the High Court also determined that the state and its police force were responsible for Amri Che Mat's vanishing. His wife, Norhayati Mohd Ariffin, was awarded approximately 3 million ringgit in damages. While a significant victory, her legal action was based on less severe claims than Susanna Liew's, resulting in a smaller award. The verdict nonetheless affirmed that the state was responsible for her husband's abduction, providing a crucial, court-sanctioned acknowledgement of the injustice her family had suffered. For Norhayati, the decision was a bittersweet moment, providing some legal closure but leaving the most painful questions about her husband's fate unanswered.

A Vindication for Grieving Families

The court's decision brought a profound sense of vindication to the families who had fought for so long. During an emotional press conference, Susanna Liew expressed her deep gratitude for what she described as a just and truthful judgment. She acknowledged that while the money and the ruling could not bring her husband back, it represented a form of closure and a validation of their struggle. Norhayati Mohd Ariffin echoed these sentiments, explaining that a feeling of sorrow persists because she still does not know if her husband is alive or dead. Both women expressed a sincere hope that the individuals responsible would finally be made answerable for their actions, shifting the focus from civil liability to criminal prosecution.

The State Prepares an Appeal

The legal battle is far from over. Almost immediately after the verdicts were announced, the Attorney General's Chambers, which represents the government in legal matters, confirmed its intention to challenge the two verdicts. This move signals the state’s unwillingness to accept the High Court’s damning conclusions. The appeal process will likely prolong the families' quest for final justice, moving the case to the Court of Appeal and potentially the Federal Court, Malaysia's highest judicial body. Human rights groups criticised the decision to appeal, urging the government to instead accept responsibility, pay the damages, and focus on locating the missing men and prosecuting the perpetrators involved in their abductions.

The Unanswered Call for Criminal Charges

Despite the civil court’s clear finding of liability, a crucial element of justice remains missing: criminal accountability. To date, not a single police officer or state official has been criminally charged in connection with what happened to Amri Che Mat and Raymond Koh. Human rights organisations and the families' lawyers have repeatedly called on the Attorney General to open criminal proceedings against the individuals identified in the SUHAKAM and special task force reports. They argue that a civil payout cannot be a substitute for criminal justice. The failure to prosecute, they contend, perpetuates a culture of impunity and suggests that state agents can commit heinous crimes without facing legal consequences.

A Task Force Mired in Controversy

The special task force formed under government orders in 2019 to act on the SUHAKAM report was itself shrouded in controversy. Its composition was criticised for including a police official who had been involved in the original, flawed investigation into Koh's disappearance. After delivering its secret report, the task force was quietly disbanded without its full findings ever being made public. Critics argue that the task force was little more than a political exercise designed to quell public anger, rather than a genuine attempt to uncover the truth and identify the culprits. Its failure to lead to any prosecutions has only deepened the public's distrust in the government's willingness to police its own.

Civil Society Rises in Protest

The disappearances have had a galvanising effect on Malaysian civil society. The formation of Citizens Against Enforced Disappearances (CAGED) by Susanna Liew and others created a new platform for advocacy on this critical human rights issue. The group has kept the cases in the public eye, organised memorial events, and provided support to other families who have lost loved ones in similar circumstances. The sustained campaign by CAGED and other human rights organisations has been instrumental in pressuring the authorities and ensuring that the names of Amri Che Mat and Raymond Koh are not forgotten. Their activism has fostered a broader conversation about state accountability and the protection of fundamental liberties in Malaysia.

The World is Watching Malaysia

The cases of Amri Che Mat and Raymond Koh have attracted significant attention from international human rights organisations, foreign governments, and United Nations bodies. Groups like Amnesty International and Human Rights Watch have published extensive reports on the disappearances, calling on authorities in Malaysia to carry out independent and impartial investigations. The United States Commission on International Religious Freedom has also highlighted Pastor Koh's case as an example of the threats faced by religious minorities. This global scrutiny has added another layer of pressure on the Malaysian authorities, making the abductions a matter of international repute and a test of the country’s commitment to upholding universal human rights standards.

An Unsettling Silence Remains

Despite the landmark court victory, the ultimate questions remain unanswered. The locations of Amri Che Mat and Raymond Koh are still a mystery. The state has not disclosed whether they are alive or dead, or what happened to them after they were abducted by state agents. For the families, every day is a continuation of a painful and uncertain vigil. The recent court rulings have torn a hole in the official wall of silence, but they have not yet revealed the full truth. The struggle for complete justice continues, as a nation waits to see if its government will finally hold the guilty to account and bring an end to the families' agonising wait.