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Malaysian Court Holds Government Responsible for Activists’ Disappearances

In a groundbreaking legal decision in Malaysia, the High Court has held the government and police accountable for the enforced disappearances of two missing individuals, a Christian pastor and a Muslim activist. This verdict has brought a significant legal acknowledgment of state involvement in these high-profile cases.

On Wednesday, the court recognized official complicity in the mysterious vanishings of Pastor Raymond Koh and Amri Che Mat, and mandated that police reopen their investigations. This marks a pivotal moment as it is the first time the judiciary has acknowledged enforced disappearance by Malaysian authorities, who have consistently denied any participation.

In response, the Attorney-General’s Chambers announced on Thursday their intention to appeal the court’s decision in both instances.

Pastor Raymond Koh’s abduction occurred on February 13, 2017, in central Selangor state. The incident, which was executed in a precise, military-style operation and caught on CCTV, involved masked men and took place in broad daylight. Prior to his disappearance, Koh received death threats and was investigated for allegedly attempting to convert Muslims to Christianity.

Months before Koh’s disappearance, Amri Che Mat, a Muslim activist, vanished after leaving his home in November 2016. Amri was reportedly under surveillance by religious authorities for allegedly promoting Shiite teachings in Malaysia, where only Sunni Islam is officially recognized.

Notably, the disappearances of Joshua Hilmi and his wife Ruth Hilmi, both Muslim-to-Christian converts, occurred just six days after Amri’s abduction in 2016. These incidents stirred fears of religious extremism in Malaysia, a country with a predominantly Muslim population.

The court awarded substantial damages to the families of the victims, granting more than 30 million ringgit ($7.2 million) to Susanna Liew, Koh’s wife, and 3 million ringgit ($717,000) to Noorhayati Mohamad Ariffin, Amri’s wife.

Susanna Liew, who has been a persistent advocate for justice, described the court ruling as a “historic and emotional milestone” for her family, reinforcing their belief in police responsibility. Despite previous findings by Malaysia’s human rights commission and a special government taskforce indicating police involvement, Liew lamented that no governmental action had been taken.

“Though this will not bring Koh back, it is somewhat a vindication and closure for our family,” Liew expressed.

Noorhayati Mohamad Ariffin also expressed hope for justice for Amri’s disappearance, stating, “There is still frustration because we still don’t have answers … whether Amri Che Mat is alive or dead.”

Christian Solidarity Worldwide, a rights group based in the U.K., praised the court’s decision and urged Malaysian authorities to uncover the truth about Koh’s fate. They described the ruling as a “landmark decision that demonstrates the judiciary’s independence by holding state actors accountable, and setting a legal precedent for cases involving enforced disappearance.”