High Court accountability rulings a breakthrough for enforced disappearance cases in Malaysia

The Malaysian human rights commission Suhakam welcomes the recent decisions of Kuala Lumpur High Court judge Su Tiang Joo, holding the government and police accountable in the enforced disappearance cases of Pastor Raymond Koh and Amri Che Mat.

The rulings mark a significant milestone in recognising state responsibility for such serious human rights violations, thereby affirming key principles of justice, accountability and the rule of law.

Suhakam notes with appreciation that in Koh’s case, the court ordered the government to pay RM10,000 per day from 13 February 2017 until he is found, in addition to general and aggravated damages.

In Amri’s case, the court similarly found state liability, ordered compensation, and directed the reopening of investigations.

These decisions are consistent with Suhakam’s 2019 public inquiry findings, which concluded that both men were victims of enforced disappearances.

Suhakam is of the view that the court’s directive to reopen investigations, reassign implicated officers from their investigative duties, and provide regular updates to the Attorney General’s Chambers is a positive and essential move.

We reiterate that effective remedial action requires thorough, independent, transparent and timely investigations. These must lead not only to accountability but also to the prevention of recurrence.

While we recognise that no financial award can restore the loss suffered by Koh’s and Amri’s families, these rulings provide important acknowledgment of the harm endured and send a strong signal that enforced disappearance will not go unchallenged.

Suhakam wishes to emphasise the urgent need for structural reform, including the establishment of a national preventive mechanism dedicated to addressing enforced disappearances, as previously recommended.

While we welcome the High Court judgment, Suhakam urges that the disappearances of Joshua Hilmy and Ruth Sitepu that took place since they were last seen on 30 November 2016 must not be forgotten. Occurring around the same period as Koh’s and Amri’s enforced disappearances, their cases were also the subject of a public inquiry conducted by Suhakam, which revealed serious failures by the authorities to act with the urgency, diligence and professionalism.

Suhakam further recalls the findings of this 2022 public inquiry chaired by Hishamudin Yunus, which concluded that the couple were abducted by unknown persons and that the police’s serious investigative failures amounted to passive state acquiescence.

Despite Suhakam’s recommendations urging the police to intensify their investigative efforts, the commission has yet to be informed of any substantive progress.

The tragic cases of Joshua Hilmy and Ruth Sitepu stand as a painful reminder of the ongoing need for accountability and institutional reform. Although their families did not bring their cases to court, justice and truth for them remain no less important. Suhakam calls upon the authorities to take immediate and concrete steps to reinvigorate investigations into their disappearances and to provide updates to the commission and the families concerned.

Suhakam remains committed to monitoring the implementation of the High Court’s judgments, engaging with relevant authorities, supporting the affected families, and advocating for systemic reforms to safeguard against future violations.

We trust that the government will seize this opportunity to reinforce Malaysia’s commitment to human rights by implementing the court’s directives effectively, ensuring full accountability, and strengthening safeguards against future abuses.

Suhakam also calls on all stakeholders to act swiftly and decisively in advancing truth, justice and institutional reform. – Suhakam

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