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Habeas Corpus Cases |
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In 1996, almost 650 civilians were arrested by security forces and subsequently all of them were reported missing. Various political parties, civil society groups, National Human Rights Commission and international human rights organizations such as the Amnesty International intervened at various levels regarding this serious crime. All efforts proved vain, as it did not bear any fruitful results. Finally the CHRD decided to take legal action against the perpetrators of this crime. Initially, the CHRD filed 45 Habeas Corpus applications in the High Court, Jaffna. Now the cases are being heard in the following Courts,
The cases were taken up for hearing for 15 days in the High Court, Jaffna and 88 days in the Jaffna Magistrate’s Court. Currently 19 cases are pending in the Jaffna Magistrate’s Court. Cases were heard for 131 days in the Chavakachcheri Magistrate’s Court and currently there are 25 pending cases. Habeas Corpus case applications in the High Court Jaffna and inquiries in the Jaffna and Chavakachcheri Magistrate’s Court are progressing well. As a result, more families of the disappeared are coming forward to file new cases. At the end of 2005 application were filed for 25 new applications. On December 1, 2005, 12 applications were taken up for inquiry at the Jaffna Magistrate’s Court. Absence of the permanent State Counsel due to security reasons had caused postponement of cases. The next calling date was fixed to February 7, 2006 to February 9, 2006. On February these dates 18 applications were taken up at the Chavakachcheri Magistrate’s Court and postponed to May 8, 2006 to May 15, 2006, due to the absence of the permanent State Counsel. On March 13, 2006 3 cases were taken up at the Jaffna Magistrate’s Court and due to the absence of the permanent State Counsel the case was moved to May 17, 2006 for cross examination. On March 15, 2006, four petitions were taken up at the Jaffna Magistrate Court. As for the first petition the state Counsel was absent; witnesses were absent in the second case; permanent state counsel was absent in the third and fourth petitioners. However one of the witnesses gave evidence in the fourth case. Therefore all cases were moved to May 18, 2006 for cross examining. Four petitions were taken up for inquiry on March 16, 2005 at the Magistrate’s Court Jaffna. Two were re-fixed for cross examining due to absence of the Permanent State Counsel. Two witnesses gave evidence for the 3rd petition and the 4th petition could not be taken up for cross examining due to absence of State Counsel. The case was re-fixed for May 18, 2006. Five cases were taken up on March 17, 2006 but since the State Counsel was absent the cases were fixed for cross examination on May 19, 2006. By the end of March 2006 there were 18 new cases filed at the Chavakachcheri Magistrate’s Court. On May 15, 2006 three cases were taken up at the Jaffna Magistrate’s Court as the defense counsel was absent due to security reasons the case was postponed to June 12, 2006.Two cases were taken up Magistrate’s Court Chavakachcheri on June 5, 2006. But it was postponed as the respondents were not ready. On June 12, 2006 three cases were taken up at the Jaffna Magistrate’s Court. It was postponed due to the absence of the State Counsel. Two cases were taken up at the Chavakachcheri Magistrate’s Court on June 20, 2006. As the respondents were not ready to precede the case, it was postponed to September 20, 2006. 18 cases were taken up for inquiry at the Chavakachchery Magistrate’s Court on August 28 & 29, 2006. Since the witnesses were not present in the Court, it was postponed to November 20, 2006 to November 24, 2006 for hearing. Court also accepted that witnesses are unable to be present at Courts and give evidence against the Army due to prevailing situation. Once again when the case was taken up on November 20 & 21, 2006, the witnesses were not present and it was postponed to February, 12 & 15 2007. Further, 16 cases were taken up for inquiry at the Jaffna Magistrate’s Court on September 4, 5 & 6, 2006. The witnesses were not able to appear before the Court due top the prevailing situation and the case was postponed
In 2004, CHRD filed 45 habeas corpus cases at the Jaffna High Court on behalf of the disappeared in Navatkuli, Kaithady, Ariyalai, Pasaiyoor, Gurunagar of Jaffna peninsula. This was an outcome of a fact finding mission consisting of CHRD lawyers and OPFMD members that visited Jaffna in 2003, where 160 applications from families of the ‘disappeared’ during 1996/1997 were received. All 45 cases were granted leave to proceed and progressing well in Chavakachcheri and Jaffna Magistrate’s Court. It is apt to mention that on February 15, 2007 the Magistrate of the Chavakachcheri Magistrate’s Court stated that there was substantial evidence to prove security forces were behind many enforced disappearances which took place in 1996 in the Jaffna Peninsula. . |
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