# Much appreciation to SUHAKAM Chairman Mohd Hishamudin Yunus who was willing to share his speaking notes, for the speech he gave at a recent program “Justice for the Disappeared: What the Raymond Koh and Amri Che Mat Decision Means for Human Rights in Malaysia”. Many of us would have not had the pleasure of hearing and reflecting on his speech, and thus here we share the said 'Speaking Notes' unedited - and being speaking notes, it may slightly differ from the actual speech on 6/12/2025...
. Speaking Notes Dato’ Seri Mohd Hishamudin Md Yunus, Chairman, Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM)
“Justice for the Disappeared: What the Raymond Koh and Amri Che Mat Decision Means for Human Rights in Malaysia”
6 December 2025 (Saturday)
Venue: TBC
Salutations
Distinguished guests, members of the legal fraternity, distinguished representatives from various agencies and organisations, friends from the media, and members of the public.
Assalamualaikum and good morning.
I would like to begin my speech by expressing my sincere appreciation to HAKAM for organising this important forum and for inviting me to deliver the opening remarks. It is an honour for SUHAKAM to be part of this gathering, especially when we meet in conjunction with International Human Rights Day, a time when the global community reflects on our shared humanity and our collective responsibility to protect the dignity of every person. I also would like to thank HAKAM for creating a public space to discuss what is, quite frankly, a pivotal moment for human rights in Malaysia.
INTRODUCTION
1. Ladies and gentlemen, over the past few weeks, Malaysia has witnessed a landmark judgment that has drawn national attention. The recent High Court’s decision on the enforced disappearances of Pastor Raymond Koh and Amri Che Mat marks a significant moment for our nation. It is a moment that compels us to pause, to reflect, and to consider what this ruling means not only for the affected families, but also for the state of human rights and the rule of law in Malaysia.
2. I would like to take this opportunity to offer my sincere congratulations to the legal teams and all who worked tirelessly to bring these matters before the courts. Their dedication, perseverance and professionalism have enabled a judicial finding that will help shape our national understanding of enforceddisappearance and the obligations of the State. Their work exemplifies the highest ideals of the legal profession, which is to speak truth to power, to pursue justice with integrity, and to stand by victims even when the path is long and difficult.
3. In 2019, SUHAKAM’s Public Inquiry concluded that both Pastor Raymond Koh and Amri Che Mat were victims of enforced disappearance. SUHAKAM undertook such Public Inquiry because it is our statutory duty to investigate allegations of human rights violations. Today, the Court’s decision affirms the importance of that Inquiry, and reinforces why independent human rights
institutions exist, which is to seek truth, to insist upon accountability and to make certain that families are not deprived of the truth. SUHAKAM is glad to have played its part and remains committed to ensuring that the principles expressed in the judgment translate into meaningful advancement.
ENFORCED DISAPPEARANCES AND HUMAN RIGHTS
4. Beyond the legal and procedural aspects, this judgment invites us to reflect deeply on the human rights dimensions of enforced disappearance. Enforced disappearance is one of the gravest violations of human rights as it deprives a person of liberty. It removes them from the protection of the law and it strips away liberty. It causes immeasurable suffering to their families, who continue to live with uncertainty, anguish and the hope that their loved ones
may return.
5. The recent High Court’s judgment is monumental because it affirms a principle at the very heart of human rights: the right to life and personal liberty, and the right to equal protection before the law, as enshrined under Article 5 and Article 8 of our Federal Constitution. These rights are not abstract. They are the foundation of our social and legal order. It reinforces the idea that no one, whether an ordinary citizen or an officer of the State, may act outside the
boundaries of the law. It serves as a profound reminder that no institution, however powerful, is above the Constitution. The Court ruling therefore holds profound meaning for the human rights landscape in Malaysia.
Role of Judiciary
6. One clear message from the judgment is the centrality of the judiciary in protecting human rights. Courts are a crucial check on abuses of power. When the judiciary acts independently and with courage, as it did in this case, it becomes an essential guardian of the rule of law and a catalyst for institutional reform. This, ladies and gentlemen, is the essence of a functioning
constitutional democracy.
7. This decision demonstrates the judiciary’s role in ensuring justice where other mechanisms have failed. Judicial independence is not a mere concept, it is a living mechanism that safeguards the rights of the vulnerable, especially when they stand alone against powerful forces.
8. It reflects a judiciary that is willing to ask difficult questions and demand accountability, even if it invites controversy or scrutiny. In doing so, the judiciary restores public confidence and signals that Malaysia’s legal system retains the moral courage to confront wrongdoing, even when perpetrated by agents of the State. This courage is indispensable, not only for the families of the disappeared, but for all Malaysians who rely on the courts to protect their liberties.
Accountability of Enforcement Agencies
9. Ladies and gentlemen, the judgment also sends a strong message about the accountability of enforcement agencies. The police and other enforcement agencies carry immense responsibility. They hold powers that directly affect the liberty, security and lives of individuals. With such powers comes the duty to act with integrity, transparency and full respect for the law and human rights. They must be guardians, not violators of human rights. As such, the recent Court’s decision has, in its own way, helped restore public trust and reaffirmed that those entrusted with power must exercise it responsibly and in accordance with human rights principles.
10. Another striking aspect of the High Court’s decision is its recognition that State responsibility can arise even when every detail has not been fully reconstructed. In cases of enforced disappearance, the withholding of information is itself part of the violation. Liability does not simply disappear because certain facts remain hidden. The concealment of information, itself, is a component of the harm. The Court found that the disappearances of Pastor Raymond Koh and Amri Che Mat involved the conduct of State agents, directly or indirectly, and that the State bears responsibility for the violation of their constitutional rights, even where crucial evidence was concealed or withheld. This judgment reminds us that the truth cannot be buried indefinitely, for justice has a way of resurfacing, even after many years.
11. The Court also took notice of the findings of the Special Task Force regarding the State’s responsibility, which were consistent with SUHAKAM’s own findings. This reinforces the seriousness of the State’s conduct behind these tragedies and strengthens the call for meaningful institutional reform. This ultimately reflects a vital human rights principle, that accountability is not optional, it is a continuing obligation.
International Human Rights Obligations
12. Ladies and gentlemen, we must reflect on our wider human rights obligations. While Malaysia has yet to accede to the International Covenant on Civil and Political Rights (“ICCPR”), the principles embodied in it remain highly relevant to our national commitments. Article 9 of ICCPR guarantees the right to liberty and security of person, while Article 18 protects the freedom of thought, conscience and religion. These rights already echoed in our Federal Constitution and in the international standards we have pledged to uphold.
13. The High Court’s findings resonate strongly with these obligations. Enforced disappearance represents one of the most severe forms of interference with fundamental liberties, not only by removing individuals from the protection of the law, but also by creating an environment of fear that suppresses belief and expression.
14. As a nation that has repeatedly affirmed its commitment to strengthening human rights protections, Malaysia must ensure that these rights are respected in practice, not merely acknowledged in aspiration. We must ensure that every measure is taken to protect these fundamental rights and to prevent similar violations in the future. This requires sustained commitment in strengthening investigative procedures, ensuring judicial oversight of detentions, prohibiting secret or unauthorised operations and cultivating a culture within enforcement institutions that prioritises human dignity.
International Convention for The Protection of All Persons from Enforced Disappearance
15. Similarly, the decision of the High Court is aligned with the principles embodied in the International Convention for the Protection of All Persons from Enforced Disappearance (“ICPPED”). Article 1 of the Convention recognizes that enforced disappearance is a continuing crime, which is a violation that persists until the fate or whereabouts of the person is established. Article 3 further emphasises the State’s duty to investigate every allegation of disappearance promptly, thoroughly and impartially, and to ensure that those responsible are
brought to justice.
16. These principles underscore that enforced disappearance is not merely an individual tragedy, but it is a profound violation of multiple fundamental rights. International human rights standards make clear that when a person goes missing in circumstances implicating State responsibility, the State must respond promptly, transparently, and thoroughly. This is a binding obligation, not a matter of discretion. As Malaysia has not yet acceded to this Convention, cases such as those of Raymond Koh and Amri Che Mat illustrate why we should consider taking this step to become a State Party to the treaty.
National Human Rights Institutions and Public Inquiry
17. I am also encouraged that the Court expressly acknowledged the role of SUHAKAM’s Public Inquiry. The judgment recognised that many of SUHAKAM’s findings were persuasive and consistent with the evidence before the Court. This validation of SUHAKAM’s work affirms the importance of independent national human rights institutions and reinforces why mechanisms such as Public Inquiry remains essential in safeguarding rights and uncovering truth where ordinary processes encounter barriers.
18. National human rights institutions such as SUHAKAM have a distinctive and essential role in safeguarding fundamental rights. Our mandate is not limited to receiving complaints, it includes the responsibility to inquire, to document, to preserve evidence, and to make recommendations grounded in human rights principles.
19. These mechanisms do not replace the work of law-enforcement or the courts, but they reinforce it, by ensuring transparency, supporting accountability, and giving victims and families a platform when other doors are closed. This is why the Public Inquiry held by SUHAKAM was so crucial, and why its findings continue to provide an important foundation for uncovering the truth and advancing meaningful reforms in this case.
Impact on Families and The Moral Duty of The State
20. Ladies and gentlemen, let us not lose sight of the human reality behind all of this. Behind every legal document, every case file, and every institutional process, there are human beings—families, children, spouses and communities who live with pain and unanswered questions. The recent Court’s judgment acknowledged something deeply human, that the suffering of families
in cases of enforced disappearance is real, prolonged, and cannot be dismissed as speculative.
21. The Court had made another powerful observation, that no amount of compensation can bring closure in a case of enforced disappearance. Financial remedies, while important, cannot replace the truth. What families seek is not only justice, but knowledge of what had happened to their loved ones. Without truth, the wound remains open, and uncertainty becomes a quiet form of suffering that follows them every day. Only disclosure, and a sincere effort to uncover the truth, can bring dignity back to the lives affected.
22. For eight long years, the spouse and family of Pastor Raymond Koh and Amri Che Mat have endured emotional hardship and uncertainty. Their pain is not hypothetical as it is the natural consequence of a disappearance that remains unresolved. Their resilience is a testament to the strength of the human spirit and the unyielding desire for truth. As a society, we must honour their courage by ensuring that our institutions respond with integrity, compassion and a commitment to justice.
RECOMMENDATION
23. Ladies and gentlemen, allow me to outline several recommendations as we look ahead. In light of the High Court’s judgment and SUHAKAM’s long involvement, I wish to offer clear, concrete recommendations as follows:
First- A thorough, independent re-investigation on the disappearances
24. It is our recommendation that the re-investigation on the disappearances of Pastor Raymond Koh and Amri Che Mat as ordered by the Court is carried out with utmost independence, professionalism, transparency and adequately resourced. Independence is essential to ensure credibility and to bring perpetrators to account. While credible process is necessary not only for justice to be served, but also to restore public trust in our institutions. In order to find the truth, it requires a sincere and structured approach, free from interference or bias.
25. This thorough re-investigation should also extend to follow-up actions concerning the enforced disappearances of Joshua Hilmy and Ruth Sitepu. We strongly urge that their case be immediately re-investigated. Our SUHAKAM Public Inquiry in 2022 concluded that the couple were abducted by persons unknown and that the police’s half-hearted investigation amounted to State’s acquiescence in what must be considered an enforced disappearance.
26. Notably, as Ruth Sitepu is an Indonesian citizen, it invokes Malaysia’s obligations under international law to provide legal protection to all foreigners within its territory. These obligations arise under customary international law and apply regardless of formal treaty ratification. We believe Malaysia has failed in its international law obligation towards Indonesia by failure to accord protection to Ruth Sitepu. Given the severity of this violation and the failure to prevent it, the State must act immediately and demonstrate that accountability is upheld for every person within its jurisdiction.
27. It is often said that enforced disappearance is a “continuing violation,” because the pain does not end until the truth is known. For this reason, the State bears a fundamental duty to uncover the truth, to hold wrongdoers accountable, and to provide closure to the families. I remain hopeful that with the right commitment, we can ensure that the families will finally receive the closure they deserve.
Second- strengthen the rule of law and oversight mechanisms
28. We recommend meaningful reforms to strengthen both internal police accountability mechanisms and independent oversight. Malaysia needs stronger systems, inside and outside enforcement agencies to ensure that power is exercised responsibly. This includes improving internal disciplinary processes, strengthening command responsibility, enhancing external monitoring, and equipping parliamentary oversight to play a more active role.
29. These measures are not punitive, they are preventive. They are necessary to close systemic gaps that allow misconduct to occur unchecked, and to avoid recurrence. Only with meaningful checks and balances can the public’s confidence in the police and enforcement agencies be rebuilt.
30. At the heart of these reforms lies our constitutional commitment to the rule of law. The Federal Constitution, as the supreme law of the land, demands that public authorities act within the limits of the law and remain accountable to it. No officer, agency, or institution is exempt from this obligation. Upholding the supremacy of law is essential to preventing abuse of power and protecting the rights of the people.
Third- Malaysia to accede to the ICPPED
31. It is our recommendation that Malaysia should seriously consider acceding to the ICPPED. Doing so would demonstrate a national commitment to preventing and punishing enforced disappearance. Accession would provide Malaysia with a clear legal framework for prevention, investigation, victim protection and accountability—areas where the recent cases have shown significant systemic gaps.
32. Importantly, accession would harmonise our domestic framework with global standards and reinforce Malaysia’s commitment to human rights as we take our place on the international stage and towards international community. It would send a clear and unequivocal message that the State rejects enforced disappearance in all its forms.
Fourth- Lawmaker to enact specific legislation criminalising enforced disappearance
33. We also recommend that Parliament to enact a specific legislation criminalizing enforced disappearance. The absence of a standalone domestic offence of enforced disappearance leaves critical gaps and weakened the State’s ability to respond effectively. Parliament should enact specific criminal legislation that codify the duties of the State to search for the disappeared, to preserve evidence, to prevent concealment, and to provide rights to families.
34. A comprehensive dedicated statute would ensure clarity in investigation, prosecution and punishment. Such legislation should reflect international best practices and should be developed in consultation with civil society, victims’ groups, and human rights institutions to ensure that it is practical, enforceable and victim-centred.
Lastly- Protection and support for victims and witnesses
35. It is our recommendation that the State shall ensure meaningful protection for families, witnesses and individuals who come forward. We strongly urge the State to build an environment where truth-tellers feel protected, where victims feel heard, and where the justice system actively safeguards those who seek accountability. Protection programs, psychosocial support, and legal assistance must be available so that truth-tellers are safeguarded.
CLOSING
36. Ladies and gentlemen, as we reflect on the impact of this judgment and the path forward, let us remember that the pursuit of truth and justice is not the responsibility of the courts alone. It is a shared responsibility of institutions, of public officials, of civil society, and of every individual who believes in fairness and humanity.
37. This judgment is not an end but a summons to action. It is now for the Government, Parliament, the courts, enforcement agencies, and civil society to work together to ensure that the lessons from these tragedies are translated into durable reforms.
38. As a nation, we must take this moment seriously. This judgment invites us to reflect on the kind of institutions we want — institutions that protect rights, uphold the law, and serve the people with honour. It reminds us that human rights are not theoretical ideals, but living principles that must guide our actions, policies and decision-making.
39. SUHAKAM will continue to discharge its mandate without fear or favour. We will continue to investigate, to advise, and to advocate for victims. We stand ready to work with all stakeholders to strengthen protections, to support families in their search for truth, and to ensure that Malaysia upholds its human rights obligations and the rule of law.
40. I conclude by thanking HAKAM and all partners for organising this public forum.I thank the legal teams, the advocates, and especially the families who have persevered in the pursuit of truth. May today’s discussion deepens the public understanding, strengthen our institutions, and bring us closer to justice and closure for the disappeared.
Thank you.
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