Suresh Sallay JMO report raises torture claims, PTSD concerns, and fresh pressure on the Attorney General over CID conduct.
The Suresh Sallay JMO report has placed fresh pressure on Sri Lanka’s criminal justice system after serious medical findings were raised before the Colombo Magistrate’s Court.
Facts revealed yesterday, June 3, before the Colombo Magistrate’s Court regarding retired Major General Tuwan Suresh Sallay, who is being detained by the Criminal Investigation Department under the Prevention of Terrorism Act, have become a critical turning point.
The issue centres on scientific evidence contained in the official Judicial Medical Officer’s report, which was presented in relation to the alleged brutal torture inflicted on the suspect.
According to a motion filed by President’s Counsel Shavendra Fernando before Colombo Magistrate Prasanna Amarasena, the JMO report states that Suresh Sallay is currently suffering severely from depression, anxiety, and Post-Traumatic Stress Disorder.
The report further states that he has developed a strong suicidal tendency.
Medical Report Raises Torture Claim
The most serious and legally decisive issue is that the JMO report clearly and specifically uses the word “torture” in four places.
It also confirms that the clinical features shown by a person subjected to torture or ill-treatment match the suspect’s current condition.
The implication of this finding is deeply serious.
It raises the argument that medical evidence now supports the claim that the suspect was subjected to brutal torture while in CID custody.
The CID investigation team is alleged to have operated under the supervision or influence of former Senior Superintendent of Police Shani Abeysekera.
Such an allegation, if established through due legal process, would amount to a grave violation of fundamental rights under the cover of an investigation.
Constitutional Protection Against Torture
This is not merely an administrative weakness.
It raises the issue of a direct violation of the Fundamental Rights chapter of the Constitution of Sri Lanka.
Article 11 of the Constitution clearly states:
“No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
This is an absolute fundamental right.
It cannot be violated even on the grounds of national security or emergency circumstances.
Against a backdrop where an official government medical report has allegedly confirmed cruel torture, the next legal step in a country governed by the rule of law becomes unavoidable.
Without interfering in the judicial process, and while standing on the right of a free media to report the truth to the people, it must be emphasized that law enforcement authorities now face a serious duty.
They must immediately investigate the officers allegedly involved in the said torture and take legal steps if the evidence supports indictments.
Attorney General Under Spotlight
Attention is now focused on the position the Attorney General will take at the next hearing, scheduled for today, June 4, at 2:00 PM.
According to Sri Lanka’s legal traditions and precedents, there has been no known instance where the Attorney General has acted against such an official report when torture during police custody has been clearly confirmed by a government JMO report.
Therefore, at this decisive moment, it would be legally and logically difficult to expect the Attorney General to challenge the JMO report.
It would be wholly incompatible with the role of the Attorney General to appear to defend any police team that has been scientifically implicated in a serious allegation such as torture.
The Attorney General’s duty is not to protect those accused of torture.
It is to stand for justice, legality, and the rule of law.
If the opposite happens, it may be remembered as a moment where invisible political bias appeared to triumph over the supremacy of law.
At a time when torture allegations have been brought before medical science and the courts, this is no longer merely a single case.
It has become a decisive test of whether Sri Lanka can establish the rule of law against a “torture camp” mentality that may operate under the guise of investigations.
The entire country is now waiting to see how justice will respond before reality.
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