General Suresh Sallay's lawyer demands for transfer to hospital

General+Suresh+Sallay%27s+lawyer+demands+for+transfer+to+hospital

Council for Retired General Suresh Sallay has made an urgent demand for medical intervention and his transfer to a hospital. The letter addressed to the director of the Criminal Investigation Department reads as follows;

URGENT DEMAND FOR IMMEDIATE MEDICAL INTERVENTION AND TRANSFER TO HOSPITAL - Detainee Rtd. Major General Suresh Sallay.

I write in my capacity as Counsel for Retd. Major General Suresh Sallay following a family visitation conducted today by his wife, son, and brother.

The family observed that Mr. Sallay's physical condition has deteriorated to an alarming and critical level. He was reportedly unable to attend the visitation without the physical assistance of two officers. During the visit, he informed his family that he has refused medication, saline, food, and water. He further expressed a belief that his death is imminent and requested that arrangements be made for the donation of his eyes. He also requested an immediate visit from his attorney for the purpose of executing his last will and other related legal documentation.

These statements and circumstances demonstrate a grave deterioration in his physical and psychological condition. It is apparent that he is no longer capable of making rational decisions concerning his own welfare, health, and survival. The prolonged conditions under which he is presently being held have, at the very least, created a serious and immediate risk to his life.

The State assumes a non-delegable duty of care toward every person held in its custody. Once an individual is deprived of liberty, the responsibility for safeguarding that person's life, health, and wellbeing rests squarely upon the authorities exercising control over that individual.Any failure to discharge that duty in the face of a known and imminent medical emergency is a matter of the utmost legal seriousness.

You are hereby formally notified that Mr. Sallay requires immediate medical intervention by qualified independent medical professionals and urgent transfer to an appropriate hospital facility capable of providing comprehensive assessment and treatment. Any delay, refusal, or failure to act despite clear knowledge of his precarious condition may give rise to personal and institutional liability under the criminal and civil law of Sri Lanka.

Should General Sallay suffer irreversible injury or death while remaining in the present conditions despite this explicit warning, it will be open to the relevant authorities, courts, and investigative bodies to examine whether such conduct amounts to a deliberate disregard of a known and foreseeable risk to life. Those responsible for decisions concerning his continued detention and medical care may be required to account personally for their actions and omissions.

Accordingly, I demand that:

1. Mr. Sallay be transferred forthwith to a government or private hospital equipped to provide urgent medical treatment;

2. He be examined immediately by independent medical specialists, including psychiatric professionals if necessary; His legal representatives and family be granted reasonable access to him;

3. A written update on his medical status and the measures taken for his protection be provided without delay.

This letter constitutes formal notice. Any further failure to act despite knowledge of the circumstances set out herein will be relied upon in any future judicial, criminal, constitutional, or international proceedings arising from harm suffered by my client.

Yours faithfully,

Asith Siriwardena
Counsel for Retd. Major General Suresh Sallay