The case involving retired Major General Suresh Sale, former Director of the State Intelligence Service, who was detained in the custody of the Criminal Investigation Department and is currently receiving treatment at the Colombo National Hospital, was taken up at the Fort Magistrate’s Court yesterday.
The court rejected the proposal by the Director General of Health Services to form a committee to investigate whether the suspect Suresh Sale was tortured while in custody. Instead, the court ordered a five-member expert medical board to be appointed by the court to examine the health condition of the suspect Suresh Sale at the Kalubowila Hospital and obtain a report.
Announcing his order, Fort Magistrate Pasan Amarasena further stated as follows.
“The order given by the learned Magistrate on 22nd April was issued on the basis that the suspect had been subjected to torture in accordance with the powers vested in the Magistrate by Section 9(b)(3) of the Temporary Provisions for the Prevention of Terrorism Act, No. 12 of 2022, as stated in the written submission of the defence.
However, upon consideration of the facts, it appears that the order was not an order issued by the Magistrate with an opinion that the suspect had been subjected to torture.
There has been no specific disclosure that the suspect had been subjected to cruel and inhuman torture from the date of arrest of the suspect on 25th February to the date of issuance of the order on 22nd April. Even when the case was taken up before me on 20th May, no evidence was presented before me that the suspect had been subjected to cruel and inhuman torture.”
The Magistrate also clarified in his order a psychiatric report that had been previously summoned by the court pursuant to the orders of the predecessor Magistrate.
“The previous Magistrate has ordered that the suspect be referred to a nutritionist, an ophthalmologist and a psychiatrist. The report issued by Dr. C.G.K. Fernando, a psychiatrist at the Angoda Mulleriyawa National Institute of Psychiatry, states that the suspect has been subjected to mental torture.
It is also stated that he had several mental illnesses. The report also stated that the suspect’s external injuries were not observed and that he is in a fit state to face trial, understanding the charges brought against him.
However, the report is not a complete report and it has been recommended that a full investigation be conducted. However, only that doctor has signed this special medical report. The other four doctors who participated in the examination have not signed.
And they are not specialist doctors either. The date of issue of this report is stated to be April 21. However, the order to summon the report has been issued on April 22″.
Accordingly, considering all these facts, Fort Magistrate Pasan Amarasena stated that a five-member expert medical panel will be appointed to examine whether the suspect Suresh Sale was subjected to torture while in custody.
“Considering these facts, the court decides to appoint a five-member expert medical panel to examine whether the suspect was subjected to torture while in custody.
The proposal in the complaint was to appoint a panel of experts through the Director General of Health Services to examine the matter. However, the defense opposed it. Therefore, the court will appoint an independent five-member expert medical panel.”
Accordingly, the five-member expert medical panel appointed by the court to examine whether Suresh Sale was subjected to torture while in custody consists of three expert psychiatrists and two expert forensic doctors.
Specialist Dr. Thusitha Mendis was appointed as its chairman and the other members are Chittahari Abeynayake, Dasanthi Akmeemana, Duleika Amarasinghe Vas and Vajira Dharmawardena.
Accordingly, the court ordered the relevant five-member specialist medical board to examine Suresh Sale at the Kalubowila, Colombo South Teaching Hospital and submit a preliminary report by the next court date.
The case is scheduled to be taken up again on July 1st.