AGC’s appeal in Koh, Amri cases ‘a betrayal of justice’, says Dr Kua Kia Soong

THE Attorney-General’s Chambers’ (AGC) decision to appeal the High Court’s landmark ruling in favour of the families of Pastor Raymond Koh and activist Amri Che Mat has drawn strong condemnation from human rights advocates, who describe the move as a step backward for accountability and justice.

Prominent social activist and former Suaram director Dr Kua Kia Soong said the appeal reflects a “betrayal of justice, compassion, and the very principles that the Madani government claims to uphold.”

“The AGC’s choice to challenge the ruling is unconscionable,” Kua said, noting that the High Court’s findings represented “a rare acknowledgment that the state had failed its people.”

On October 15, Justice Su Tiang Joo ruled that the police and government were responsible for the enforced disappearances of Amri and Koh, citing clear evidence of police involvement, misclassification of cases, and failures in investigation.

Yesterday, the court awarded RM3.2 million in damages to Amri’s wife, Norhayati Ariffin, and RM37 million to Koh’s family, calling the abductions “serious violations of basic principles of justice.”

‘Protecting institutional impunity’

Dr Kua further said the AGC’s appeal could only be seen as “protecting institutional impunity instead of defending the honour of the state.”

He added that enforced disappearance is widely recognised under international law as one of the gravest human rights violations, noting that Malaysia has yet to ratify the International Convention for the Protection of All Persons from Enforced Disappearance.

“Instead of seeking accountability, the government is now attempting to silence justice through legal manoeuvres,” he said.

“No exceptional circumstances — not war, political instability, or public emergency — can justify such acts,” he said, citing the United Nations Working Group on Enforced or Involuntary Disappearances, which in 2019 urged Malaysia to investigate the abductions and end impunity.

‘Authoritarian tactics cannot be ignored’

Describing the 2016 and 2017 disappearances as “acts of intimidation against conscience,” Kua said the coordinated manner of the abductions — involving multiple vehicles, men in tactical gear, and military-style precision — pointed to “professional execution rather than random criminality.”

“These were not rogue crimes. They were emblematic of authoritarian tactics used to silence dissent,” he said.

He warned that 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 such disappearances is hypocrisy of the highest order,” he said.

Call to withdraw appeal

Kua then urged the government to withdraw the appeal, ratify the UN convention, and show genuine political will in upholding justice.

“Every day that Koh and Amri remain missing is a day that Malaysia’s conscience remains clouded,” he said. “To appeal this judgment is to desecrate justice itself.”

“The government must heed the UN’s calls, end impunity, and prove that ‘Madani’ governance means more than just rhetoric.”

Pastor Raymond Koh, who ran a community outreach programme in Kuala Lumpur, was abducted in February 2017 in a daylight operation captured on CCTV in Petaling Jaya.

The footage showed several SUVs and masked men executing a coordinated kidnapping that lasted less than a minute.

Activist Amri Che Mat, who co-founded the NGO Perlis Hope, disappeared in November 2016 after leaving his home in Kangar, Perlis. His car was later found abandoned.

In 2019, a Suhakam public inquiry concluded that both men were victims of enforced disappearance carried out by members of the Special Branch of the police. The AGC recently confirmed its decision to appeal the High Court’s ruling, which found the government and police liable for the abductions and ordered compensation for the families.

Human rights groups, including Suaram and Amnesty International Malaysia, have since called on Putrajaya to withdraw the appeal and to take concrete steps toward justice and accountability. – November 6, 2025