Wife of missing activist Amri files judicial review bid to declassify task force report

The application concerns the Report prepared by the special task force set up by the Federal Government to act on the SUHAKAM decision on 3 April 2019 that the abductions of Amri Che Mat and Pastor Raymond Koh were enforced disappearances conducted by the Special Branch of the Royal Malaysia Police.

Since the task force was announced on 23 May 2019 by Muhyiddin Yassin, then Minister of Home Affairs, the government did not make any official statements about the Report until September 2021. In response to a request in discovery in an ongoing lawsuit brought by Norhayati, the government through an affidavit affirmed by one Mohd Russaini bin Idrus refused to make available the Report claiming it is a Secret under the Official Secrets Act 1972 (“OSA”).

“In this judicial review proceeding, Norhayati is challenging the decision of the Government to treat the Report as an official secret. There is no basis to treat the Report as a Secret. The Government itself publicly announced the setting up of the special task force. It is in the public interest to have the Report disclosed. The right to information is a constitutional right, and classification of documents as Secret should be the exception and not the norm,” explained Norhayati’s lawyer Surendra Ananth.

Norhayati is also challenging the constitutionality of the Schedule of the OSA as it is vague and infringes the right to information. The application for judicial review, which was filed on 9 December 2021, has been given a hearing date for leave on 12 January 2022. This proceeding is connected to Norhayati’s lawsuit filed on 18 November 2019 against 21 defendants, including the Malaysian government, the Minister of Home Affairs and the Royal Malaysia Police for a number of claims in connection with the investigation into her husband’s disappearance including breach of law, breach of statutory duties, misfeasance in public office, and negligence (duty of care and breach of standard of care).