Access to legal counsel denied for Sallay

The Criminal Investigation Department took steps to refuse access to legal counsel to retired Major General Tuan Suresh Sallay, who is currently receiving treatment at the Colombo National Hospital after starting a hunger strike while in CID custody under detention orders.

An exchange of letters took place regarding this matter between Criminal Investigation Department Director Shani Abeysekera and the wife of Suresh Sallay, Manori Sallay.

The wife of Suresh Sallay requested the Criminal Investigation Department to allow him to meet his lawyer, Asitha Siriwardhana, on five days of the week. Replying to this yesterday in a letter, CID Director Senior Superintendent of Police Shani Abeysekera stated that because Sallay is currently hospitalised away from investigative activities, a need for him to obtain legal advice does not arise at this time.

The letter issued by the CID Director mentioned that meeting the lawyer constantly could deprive the suspect of the necessary mental rest and cause adverse effects to his health condition, and that space is already allowed for the lawyer to meet him only on Wednesdays of every week based on court orders.

The CID Director also emphasised that daily access cannot be granted to the lawyer because the family (wife, daughter, and son) is allowed to visit him daily.

Responding to the letter of the CID Director today, Manori Sallay stated that the statement made by the CID that legal assistance is not required due to hospitalisation is illegal as well as a matter of grave concern.

She pointed out through the letter that legal assistance is a fundamental right of a detained person and not a privilege given or withheld at the discretion of the CID.

She mentioned there that her husband did not start a hunger strike for no reason, and that it occurred due to the physical, mental, and emotional pressure he had to undergo while in the custody of CID officers.

She stated in the letter that the responsibility for his safety and well-being, therefore, rests entirely with the CID Director.

She mentioned that despite being detained for nearly two months, her husband was questioned only on a very limited number of occasions before hospitalisation, and due to this, it appears this long-term detention was not done for an investigative requirement, but to exert severe pressure on him.

Stating that the story told by the CID that they are blocking legal assistance out of concern for the health and mental freedom of her husband is unacceptable, and that decisions regarding legal representation should be made by the family and lawyers and not by the institution levelling allegations, she requested the CID Director to provide legal assistance to her husband.