Torture Allegations vs ‘No Illness’ in Salley Case

COLOMBO (News 1st); The Fort Magistrate’s Court announced that its order on the Attorney General’s request to direct the Director General of Health Services to present detained suspect retired Major General Suresh Salley before a panel of specialist doctors and obtain a medical report in connection with the Easter Sunday terror attack investigations, will be delivered on June 10.

A motion filed on behalf of Suresh Salley, who is currently being detained by the Criminal Investigation Department under the Prevention of Terrorism Act, was taken up today before Colombo Fort Magistrate Pasan Amarasena.

Appearing for the Attorney General, Additional Solicitor General Dileepa Peiris stated that no reasonable evidence had been presented to prove that the suspect, the former Director of State Intelligence, is suffering from any serious medical condition.

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Additional Solicitor General Dileepa Peiris

“On May 4, he was referred to a nutrition specialist, an ophthalmologist, and a psychiatrist. This referral was ordered by the presiding Magistrate through the Chief Judicial Medical Officer in Colombo. However, he was later directed to these specialists through another officer. The report was received on May 18. Today is June 4, two weeks after receiving the report. They waited two weeks to file this motion. Do you know why? Because the writ petition filed by him was taken up today in the Court of Appeal. This motion has been filed in anticipation of securing sympathy from the Court of Appeal, Your Honour.”

The Additional Solicitor General further elaborated on the medical reports.

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Additional Solicitor General Dileepa Peiris

“This is not an ordinary individual, Your Honour. From 2017 to 2019, he was an intelligence officer who handled eight suicide bombers. According to this report, the psychiatric evaluation conducted on him was only a short-term assessment. Throughout that assessment, he was reportedly crying. Can such long-term diagnoses be made from a short-term evaluation? He did not cry before the nutritionist or the eye specialist, but began crying when he met the psychiatrist. He says he has nightmares at night. Perhaps he is now recalling the crimes he has committed and crying. Perhaps he is afraid when he sees them in his dreams. There is no medicine for that.

He also told the psychiatrist that a group of external parties, not investigation officers, came, asked him to remove his clothes, told him to stretch out his arms, and assaulted his legs. He claims he is ashamed to describe what happened next. Why is he ashamed, Your Honour? Is he a young girl? If that had happened, it would be understandable. All of this, Your Honour, has been said to mislead the doctor.”

Peiris emphasized that the medical report submitted to court cannot be accepted.

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Additional Solicitor General Dileepa Peiris

“Your Honour, he should be given an Oscar. He has no serious illness whatsoever. The report itself states that he suffers from memory loss. Clearly, he has a problem remembering. He cannot recall the password to his mobile phone or his laptop. He also claimed to his lawyers that he is not allowed to communicate with anyone, but every Friday he is given the opportunity to speak with his wife and son. Upon request, he was also allowed to speak with his mother. Not only that, he has been provided with green tea, patties, egg rice, milk toffee, Coca-Cola, fish oil tablets, and vitamin C. He has been given medical care as well, he had issues with his hearing and was referred for tests related to eyesight, dental care, and diabetes. He may not have even received such care at home, yet he does not mention any of this.”

Meanwhile, President’s Counsel Shavindra Fernando, appearing for Suresh Salley, stated that his client had been subjected to brutal torture while in the custody of the Criminal Investigation Department.

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President’s Counsel Shavindra Fernando

“Your Honour, my client was referred, on the instructions of the presiding Magistrate, through the Colombo Judicial Medical Officer to three specialist doctors: a nutritionist, an ophthalmologist, and a consultant psychiatrist. The psychiatric report mentions in seven separate instances that my client has been subjected to severe torture. These acts were carried out by external parties, not investigation officers. He was asked to remove his clothes, told to stretch out his arms, and assaulted on his legs. He says he is too ashamed to describe what happened afterwards. All of this took place while he was in CID custody. The CID must take full responsibility for this.”

The President’s Counsel further stated that doctors have indicated that treatment cannot be carried out in the current conditions under which Salley is being held.

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President’s Counsel Shavindra Fernando

“It is clearly evident from the medical report that he has been subjected to torture. The environment in which he is being held is unsuitable for treatment, and the doctors have stated they cannot commence treatment under these conditions. The report also indicates that he is at risk of suicide. Therefore, I respectfully request the court to issue appropriate orders in this regard.”

After considering the submissions, the Magistrate ordered that the ruling on the requests made by the suspect’s legal team will be delivered at 2:00 p.m. on June 10.