'Betrayal of justice': Ex-Suaram director slams appeals in abduction cases

 

A former Suaram director has strongly condemned the government’s decision to appeal the Kuala Lumpur High Court’s landmark ruling in favour of the families of Pastor Raymond Koh and activist Amri Che Mat.

Kua Kia Soong did not mince his words, saying the move “is not only unconscionable – it is a betrayal of justice, compassion, and the very principles of the Madani (compassionate) government that claims to champion good governance and humanity.”

Describing the High Court’s ruling as a “landmark victory for the truth”, he said it had affirmed what many Malaysians already knew - that the police and government bore responsibility for the abductions of Koh and Amri.

“Instead of defending the honour of the state by seeking accountability, the Attorney-General’s Chambers is now appealing the decision – an act that can only be seen as protecting institutional impunity,” he said.

Kua (above) noted that while the damages awarded to both families were symbolic, they represented a rare acknowledgement by the judiciary that the Malaysian state had failed its people.

“In appealing this judgment, the AGC is not merely questioning legal reasoning – it is defying the moral weight of international law. Enforced disappearance is one of the most heinous human rights violations recognised under international conventions. It is condemned globally as a crime that ‘places the victim outside the protection of the law’,” he added.

Raymond Koh (left) and Amri Che Mat

He reminded that in 2019, the UN Working Group on Enforced or Involuntary Disappearances urged Malaysia to investigate the abductions of Koh and Amri, bring the perpetrators to justice, and end impunity for such grave violations.

“Yet six years later, instead of delivering justice, the Malaysian state appears intent on silencing it – by appealing a decision that seeks to hold its own institutions accountable,” he said.

Modern-day authoritarian regimes

Kua stressed that the disappearances of Koh in 2017 and Amri in 2016 were not random crimes but emblematic of authoritarian tactics seen elsewhere in the world.

“If Malaysia wishes to be respected among democratic nations, it cannot afford to be seen as condoning such crimes. The Madani government’s credibility as a rights-respecting administration now hangs by a thread. To invoke ‘good governance’ while appealing a judgment that exposes state complicity in enforced disappearances is hypocrisy of the highest order.

“The international community has long condemned governments that use enforced disappearance as a weapon of fear – from Latin America’s ‘Dirty Wars’ to modern-day authoritarian regimes.

“Malaysia must not allow itself to fall into that ignominious company. The government should be joining the ranks of nations that have outlawed such practices, compensated victims, and prosecuted those responsible – not shielding perpetrators behind legal technicalities,” he added.

Suaram

Kua said every day that Koh and Amri remain missing is a day Malaysia’s conscience remains clouded.

“Every bureaucratic appeal, every refusal to face the truth, erodes our moral standing in the eyes of the world,” he said.

He urged the AGC to withdraw its “shameful” appeal, heed the UN’s calls, ratify the International Convention on Enforced Disappearance, and demonstrate the moral courage it preaches.

“Until it does so, the words Madani and good governance will ring hollow.

“Justice delayed is justice denied. But to appeal this judgment is to desecrate justice itself – and to place Malaysia among those states that the world condemns for crimes of disappearance and silence,” he added.

Bringing matter to Court of Appeal

Earlier, Attorney-General Dusuki Mokhtar told Malaysiakini that he believed the High Court had erred in its judgments and that appeals would be filed today.

“In my opinion, the decision was not based on established judicial principles since the judge erred in his finding in regard to the facts and law applicable. We will bring the matter further to be argued at the Court of Appeal,” he said.

Yesterday, High Court judge Su Tiang Joo found the government and police liable for the disappearances of both men. Su awarded Amri’s wife, Norhayati Ariffin, RM3 million in damages - RM2 million in general damages and RM1 million in exemplary damages.

Separately, the court ordered the government to pay RM10,000 per day to Koh through a trust account until the pastor is found. The payments are to be calculated from Feb 13, 2017 - 3,188 days ago - when Koh was abducted.

In 2019, Suhakam concluded that both Koh and Amri were victims of enforced disappearance carried out by Special Branch officers from Bukit Aman.

Deputy Prime Minister Ahmad Zahid Hamidi later rejected Suhakam’s findings, denying that he had ordered the abductions during his tenure as home minister. - Mkini