New Delhi: US national Matthew VanDyke sent an affidavit to the American embassy detailing alleged assault he suffered inside Delhi’s Tihar jail nearly two weeks before the National Investigation Agency (NIA) filed a chargesheet against him and his six Ukrainian co-accused, ThePrint has learnt. The agency had arrested them for allegedly crossing into Myanmar to train ethnic armed groups in drone warfare against India.
In the handwritten affidavit, details of which ThePrint has accessed, VanDyke alleged that he was repeatedly assaulted inside the prison—where he was lodged for nearly six months—including being punched in the chest. He further claimed that despite needing immediate medical attention, he was denied treatment for nearly 24 hours.
VanDyke also asked US embassy officials to “make it very clear to any Indian officials you address this with” that if he got “angry” with the contents of the chargesheet the NIA was preparing to file, he would approach the media and courts with details of his alleged custodial torture.
He submitted the affidavit in the last week of August, according to sources privy to the development. Along with the affidavit to the US Embassy, VanDyke also sent an SOS to his family, describing what he called a “series of attacks” inside Tihar jail.
ThePrint reached out to a US embassy official, who refused to comment, saying: “As policy, we do not discuss specific details of private communications or engagements with any ministries. We are unable to confirm nor comment on your inquiry.”
Tihar Jail spokesperson Somkant Khare, when contacted, said: “I don’t have any information regarding this.”
Phone calls to the NIA spokesperson also went unanswered, as did WhatsApp messages seeking comment on VanDyke’s claims. This report will be updated if and when a response is received.
ThePrint reached VanDyke via WhatsApp. While he did not respond to specific queries related to the allegations in the affidavit, he said: “I will be speaking publicly about the Burma (Myanmar) mission and the imprisonment by India. This will be done in stages with new revelations each week on social media and in media interviews leading up to the February 24 court appearance.”
The NIA had arrested VanDyke in March under UAPA provisions, alleging that he had crossed into Myanmar to carry out “pre-scheduled training for Myanmar-based Ethnic Armed Groups (EAGs)”. The agency also alleged that Indian territory was used to facilitate training in “drone warfare, drone operations, assembly and jamming technology”.
The NIA filed its chargesheet on 8 September against VanDyke and the six Ukrainian nationals but did not invoke terror charges under the Unlawful Activities (Prevention) Act (UAPA). Instead, they were charged only under Sections 21 and 23 of the Immigration and Foreigners Act, 2025—offences that can be compounded.
The move paved the way for VanDyke and his co-accused to secure default bail and return to their respective countries. Although VanDyke returned to India from the US for a court hearing last month, he was allowed to remain abroad until 27 February 2027, after Special Public Prosecutor Rahul Tyagi sought three more months to update the court on the status of a supplementary chargesheet by the agency.
‘Proceed carefully’
In his affidavit, VanDyke expressed apprehension that he would face retaliation for reporting the alleged assaults.
“I fear retaliation for reporting this. I am afraid that the NIA will now file charges in my case on 8 September or some other method of retaliation to try justifying my imprisonment or discrediting me,” he wrote.
He added: “I ask the embassy to proceed carefully, making it clear to the Indian government that if I am angry about anything in the chargesheet on 8 September, then I will table the story of the attack on me to the media and file in court, including both criminal and civil court, not only this attack but the entire history of my frequent mistreatment at Tihar jail.”
VanDyke alleged that he was initially subjected to verbal threats inside Tihar, which were followed by physical assaults. He claimed he was hit repeatedly and punched in the chest and arm, leaving “visible marks” on his body. “I was also threatened with a beating by a police baton,” he said.
He said he had written to the prison superintendent, bringing the alleged assaults to his notice. A copy of the letter was also handed over to the US Embassy, sources privy to the development told ThePrint.
VanDyke further said he sought medical attention around an hour after one such instance of alleged assault in the last week of August and repeated his request the following morning. However, he claimed that he received medical attention only around 6 pm the next day, nearly 24 hours after the alleged incident.
“It was clear that the prison did not want to send a doctor and was trying to cover up the attack,” VanDyke alleged.
Arrested at Kolkata airport in March, VanDyke was transferred to the fifth ward of Tihar jail after his NIA custody ended in April.
During the following months, he also complained of losing as much as 14 kg over three months while in judicial custody. This prompted his counsels, Rohit Dandriyal and Rohit Gour, to seek the court’s permission to bring items such as a cooking stove and induction cooker, along with food products including olive oil and pasta, into his prison cell. The court allowed his plea in July.
(Edited by Chingkheinganbi Mayengbam)
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