Court seeks fresh findings on Sallay torture claims

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By Editor_1
Former Director of the Government Intelligence Service and former Director of Military Intelligence, Major General (Ret.) Suresh Sallay - jvpnews.com/File

By M. F. M. Basir and C. Subhadarshani

COLOMBO – The Fort Magistrate’s Court on Wednesday (10) appointed a five-member independent special medical panel to investigate allegations that former intelligence chief, retired Major General Suresh Sallay, detained in connection with the Easter Sunday terrorist bombings, was tortured while in custody.

Sallay, the former head of the State Intelligence Service (SIS), currently being held under the Prevention of Terrorism Act (PTA), faces severe charges for allegedly planning, orchestrating, and directing the devastating Easter Sunday attacks.

In a comprehensive 17-page order, the Magistrate directed the newly formed panel, which includes a special legal medical expert and mental health specialists, to conduct a thorough examination at the Kalubowila Teaching Hospital. The panel has been ordered to submit its findings before July 1, 2026, ahead of the next scheduled court hearing.

The decision to appoint a new panel follows the Magistrate’s ruling that a previously submitted medical examination was non-comprehensive and insufficient to legally determine whether torture had occurred.

Defence lawyers had argued that a prior directive issued on April 22, 2024, by a previous Magistrate was meant to satisfy Section 9(A)(3) of the Prevention of Terrorism (Temporary Provisions) Act No. 12 of 2022, which mandates an evaluation for state-sponsored torture.

However, the court’s review revealed that the previous order did not make a definitive torture determination and was overly limited in scope, involving only one psychiatrist, one nutritionist, and one eye specialist.

A partial psychiatric report submitted by Dr C.G.K. Fernando, a specialist from the National Institute of Mental Health in Angoda/Mulleriyawa, indicated that Sallay showed signs of having been ‘mentally tortured’. However, the report noted that no external physical injuries were observed.

Dr Fernando also affirmed that despite the psychological distress, the suspect possesses the mental capacity to understand the charges against him and stand trial. The examining doctor conceded that the initial report was not a comprehensive evaluation.

The establishment of the five-member body follows a courtroom dispute over who should oversee the evaluation. The Criminal Investigation Department (CID) had requested that the panel be appointed by the Director General of Health Services, a move strongly opposed by Sallay’s defence team.

To ensure absolute justice, fairness, and neutrality, the court bypassed both requests to independently appoint Dr Tushita Mendis (Specialist Medical Physician, Karapitya Hospital Galle) as the panel head along with Dr Chithrahari Abeynayake (Specialist Medical Physician, Kandy National Hospital), Dr Dasanthi Akmeemana (Specialist Medical Physician, Colombo South Teaching Hospital), Dulakeka Amarasinha Vas and Wijaya Dhammawaradena as members.

-ENCL

Editor_1
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