- Court can recommend necessary action on Sallay’s mental health per lawyers submissions
The Human Rights Commission of Sri Lanka (HRCSL) stated that it could not issue recommendations regarding the mental well-being of detainees unless it is formally informed of a pattern or trend indicating such concerns among persons held in custody.
Speaking to The Daily Morning yesterday (04), HRCSL Member/Commissioner, Nimal Punchihewa said that although media reports have raised concerns about the psychological condition of certain detainees and suspects involved in high-profile cases, the Commission has not received any formal complaints or reports indicating a trend that would require their intervention.
"There are media reports, but there has not been any formal report. If there is any trend like that, the courts can be informed of it. All these witnesses and suspects have counsels. They can inform the courts. We, as the Commission, can make recommendations only if we are formally informed of such a trend. We can’t do it just because one or two incidents happened," he said.
The issue of detainees' mental well-being has come under scrutiny following several incidents involving individuals connected to ongoing investigations and court proceedings.
In recent months, a witness linked to the case involving former Health Minister Keheliya Rambukwella reportedly died by suicide. Separately, a Finance Ministry official who had been under investigation also took his own life. Former SriLankan Airlines Chief Executive Officer Kapila Chandrasena is also reported to have died by suicide amid legal proceedings.
The discussion has gained attention again following submissions made before the Colombo Fort Magistrate's Court (MC) regarding the former State Intelligence Service Director, retired Major General Suresh Salley, who is currently being detained and questioned by the Criminal Investigation Department (CID) under the Prevention of Terrorism (Temporary Provisions) Act in connection with the Easter Sunday terror attacks. President's Counsel Shavindra Fernando informed Court that Salley is suffering from depression, anxiety and post-traumatic stress disorder (PTSD), and related suicidal ideation, conditions that were said to have been confirmed through medical reports. Counsel further submitted that his client had developed suicidal tendencies and requested that he be placed in an environment suitable for psychiatric treatment and care.
Meanwhile, in the wake of the Court being informed that Salley is suffering from depression, anxiety and PTSD, and related suicidal ideation, the Police stated that the Court would consider the submissions made by his counsels and recommend appropriate action. Speaking to The Daily Morning, Police Media Spokesperson and Assistant Superintendent of Police, attorney F.U. Wootler said that an inquiry into the allegations had been conducted by the CID. "The Magistrate can visit any institution including the CID and examine detainees. Detainees and their counsels can also make submissions to the MC regarding their issues." Now that this matter has been taken up before Court, he said that the Magistrate would recommend the necessary course of action. "Salley's counsel has raised these issues before the Magistrate, and made submissions. The Court will consider the submissions and recommend action," he said.
Fernando, appearing for Salley before Colombo Fort Magistrate Pasan Amarasena on Wednesday (3), informed the Court that his client is suffering from depression, anxiety and PTSD. He said that the conditions had been confirmed through medical reports and further submitted that Salley had developed suicidal tendencies as a result of his mental condition and required urgent attention. He also requested the Court to direct that Salley, who is being held under detention orders, be placed in an environment suitable for psychiatric treatment and care.