File combo photo shows the four still-missing Malaysians: (from left) Koh, Joshua, Ruth and Amri Che Mat.
IS there light at the end of the tunnel for the family members and friends of Pastor Raymond Koh, of Pastor Joshua Hilmi and his wife Ruth, and of Amri Che Mat, respectively?
I refer to the Bernama report quoted by The Borneo Post of May 10, 2023. The High Court in Kuala Lumpur has ordered a partial release of a taskforce’s report on Amri Che Mat’s disappearance to his wife, Norhayati Mohd Ariffin.
However, there’s a strict prohibition: Puan (Madam) Norhayati must not disclose the information given to her to anybody else except to her lawyers.
Good enough for the moment. One thing may lead to another, fingers crossed.
In the absence of something like the ‘Right to Information Ordinance’ in Malaysia, which allows eligible persons to access classified information under lock and key, the rest of us would be happy enough to know that it is possible to obtain classified confidential information through a court process.
It is important for the sake of justice for Amri Che Mat’s wife to get the information for the purpose of the legal suit that she is pursuing.
I am assuming that the report referred to is the same report of a taskforce ordered by the former home minister, Muhyiddin Yassin.
It is crucial that Puan Norhayati, having secured approval for her application for a judicial review, should have the necessary information, because she had already filed that suit in November 2019 against 21 parties, including the government of Malaysia and the Royal Malaysia Police, over her husband’s disappearance in November 2016.
Hopefully, the decision of the judge may eventually lead to a closure of the whole episode of the enforced disappearances of the four Malaysians. We are looking forward to developments in terms of finding what has actually happened to them.
Give us a break-lah!
We ought to be grateful to the Human Rights Commission of Malaysia (Suhakam) for initiating a public inquiry in 2017 into the disappearances of the Malaysians.
The Commission wanted to determine if the cases could be defined under the United Nations (UN) ‘International Convention for Protection of all Persons from Enforced Disappearance’, or if they were, each one of them, cases of voluntary disappearance.
The former would be a case falling under international law of crimes against humanity and the signatory to the Convention would be bound to observe it.
In the report by Bernama, as quoted by The Borneo Post of Oct 11, 2017, Suhakam’s inquiry panel said: “If the terms of reference have been established, the next step is to investigate how the breaches had come about and to identify the persons or agencies responsible… In addition, we will also investigate if there were administrative directives or procedures that had contributed to the breaches and also whether the authorities, in particular the Royal Malaysia Police, had taken adequate action.”
Readers may recall that within the first week of the proceedings, 35 witnesses testified at the Inquiry. Members of the public were pinning their hopes on what Suhakam was doing in order to dispel fear among the population – fear of the unknown.
Hoping against hope, I wish Suhakam would also make its report public or at least to the nearest relatives of Pastor Koh, of Pastor Joshua or of Ruth Joshua, short of resorting to ruling from the court of law like Puan Norhayati did – if is at all possible.
Otherwise, do the same thing like Puan Norhayati has done. Obviously, she could afford the legal fees involved in going through the court process.
I am not saying that the family members of Pastor Koh or those of Pastor Joshua cannot afford the legal expenses, or whether or not they want to follow suit, doing what Amri Che Mat’s wife has done.
I think if resorting to court seems the only way to get information from any report of a confidential nature, then members of the public with interest in humanity should look into helping those relatives in terms of paying for the legal expenses.
What say you about crowdfunding?
Royal Commission of Inquiry
The government should initiate the formation of a Royal Commission of Inquiry (RCI) into these disappearances if all efforts fail. That will save money for the relatives concerned.
The RCI would produce its own report in addition to that of the other reports: the Suhakam’s report and that of the taskforce.
And this will reassure the rest of us!
We worry about being bundled into a convoy of cars driven by men in black masks. They are not men acting in a cosplay, nor are they from outer space.
They are real.
The decision of the High Court judge is most welcomed. Many people who wish to see how the human’s right to life and freedom of movement is being sustained in this country would salute the judge.
The Malaysian judiciary is alive!
The Suhakam conducted an inquiry into the disappearances of these individuals in October-November 2017. When can we read their report? It should be made public, meaning it should also be referred to in court during the trial of Puan Norhayati’s suit.
The report has given people like me some kind of hope that finally there will be closure in the saga of enforced disappearances of persons in Malaysia.
Beginning with the disclosure of information as per the report of the taskforce to the wife of Amri Che Mat, and to the solicitors helping her out with the suit, there may be information of public interest which the media people may help the reading public give a break.
I always believe that if there is the will, there is the way.
If it can be done with classified information on Amri Che Mat, why cannot it be done with the information on the other victims?