Malaysia’s High Court ruled on Wednesday (Nov. 5) that the government and police were responsible for the abduction of Pastor Raymond Koh, missing since 2017, with prior investigations concluding that authorities likely “disappeared” him as a threat to Islam.
The court ruled in favor of the wife of Pastor Koh, awarding her family 31 million ringgit ($7,377,132 USD) in her lawsuit against the police and government.
“We are overjoyed and thankful to God that we have a fair and honest judgment,” his wife Susanna Liew told reporters after the verdict, according to the BBC. “Though this will not bring Pastor Raymond back, it is somewhat a vindication and closure for the family. We dedicate this struggle and judgment to Pastor Raymond Koh, a man of compassion and courage, and to all victims of enforced disappearances.”
Pastor Koh was pulled from his car in a suburb of Kuala Lumpur in 2017 in the middle of the day, an abduction captured by a CCTV camera. Passersby also witnessed the crime.
His family has long asserted that he was abducted by police, which authorities denied. Investigations by Malaysia’s human rights commission and the government concluded that he was likely abducted by the elite Special Branch of the police as he was perceived as a threat to mainstream Islam in Muslim-majority Malaysia.
“The government report – which was classified as secret until the families sued for access – said that ‘rogue cops’ were responsible for the abductions, and the official who led the operation had ‘extreme views’ against Christians and Shia Muslims,” the BBC reported. “Mr. Koh had been targeted because he was suspected of proselytising to Muslims, which his family has denied.”
Leaving Islam is a criminal offense under state laws in Malaysia, punishable by fines and jail.
The High Court ruled that police officials, the Royal Malaysian Police and the Malaysian government were liable for the abduction of Mr. Koh and awarded the largest amount in damages in the country’s history. Besides awarding millions of ringgit to Liew for emotional distress, the court ruled that 10,000 ringgit ($2,380 USD) in general damages be paid for each day of Pastor Koh’s disappearance from the day of his abduction to the day the state discloses his whereabouts.
The judge also ordered the state to reopen investigation and locate Pastor Koh.
The award in damages is to be deposited into a trust, with Liew and her children likely named as beneficiaries.
Pastor Koh, previously a pastor at the Evangelical Free Church in Petaling Jaya, founded Harapan Komuniti (Hope Community), a non-profit organization that undertakes social and charity work among marginalized and underprivileged communities, including people living with HIV/AIDS, recovering drug addicts, single mothers and their children.
In 2011, 30 officers from the Selangor Islamic Religious Department (JAIS) raided a dinner organized by Hope Community and accused those present of “proselytizing Muslims.” No charges were filed, but Pastor Koh’s family later received death threats, according to Christian Solidarity Worldwide (CSW).
The High Court judge on Wednesday (Nov. 5) also found the government and police liable for the abduction of Shiite Muslim Amri Che Mat and awarded his wife, Norhayati, about 3 million ringgit ($713,916 USD).
“The feeling of sadness remains because questions about Amri’s whereabouts, whether he is alive, dead or in good health, are all still unanswered,” Norhayati told reporters. “We sincerely hope that those responsible will be held accountable for what they have done.”
About 50 percent of Malaysia’s population is ethnic Malay, and the rest are ethnic Chinese, Indian and indigenous tribes. Article 160 of the Constitution dictates that all ethnic Malays are Muslim, and evangelization of Malays is against the law. As the Malay states became more Islamist in the 1990s, they began to enact more sharia (Islamic law), and the Federal Department of Islamic Development became more active in promoting Sunni Islam.
Article 3 of the constitution states, “Islam is the religion of the federation; but other religions may be practiced in peace and harmony in any part of the Federation.” Adherents of every religion have the right to propagate their faith, but state and federal law “may control or restrict the propagation of religious doctrine or belief among persons professing the religion of Islam,” according to Article 11. Thus, adherents of all religions are free to manifest their faith as long as they do not evangelize Muslims, who are mostly Malays.
It is illegal in Malaysia to lead ethnic Malays, who are all considered Muslims by law, to Christ. Any Malay who tries to change his or her religion can be detained on the orders of a sharia courts; there is no recourse to civil courts or “right to choose” another religion. For ethnic Malays, leaving Islam is a crime in most states.
