
Eight-year activities of the Justice Administration Department of the Provisional Government of Tamileelam – An Overview.
In the modern world, the role of justice in the dynamics of people’s lives is essential.
The justice system is an essential unit that has been maintained by our ancient social systems.
In this way, today, the Justice Administration Department of Tamileelam is being guided by the National Leader of Tamileelam, V. Prabhakaran, to implement justice in Tamileelam properly.
The activities of the Justice Administration Department of Tamileelam began on 19-08-1993 with a team of fighters who completed their legal training.
To ensure that there are no biases, influences, or delays in the administration of justice, a group of fighters who had joined the struggle for the country’s independence were selected by the leader and educated at the Law College, and judges and lawyers were selected from among them, thus establishing the Tamileelam Courts.
The judicial administration process thus initiated has been implementing three main activities, namely the operation of courts, the Law College, and legislative activities, for the past eight years.
All the judges have completed their legal education and have taken the oath of office as judges in the presence of the National Leader of Tamileelam.
The National Leader of Tamileelam accepts the oath of office of the judges and allows them to act in the judicial system, and can also reduce the sentences of criminals, grant pardons to criminals, and issue instructions for a legal explanation regarding matters where there is a procedural error or an error of law.
The courts operating in Tamileelam are divided into six categories. The Supreme Court is the highest court according to their jurisdiction.
It is constituted as a body of three judges. This court has the final appellate jurisdiction in all cases. Its powers include providing advice and conducting inspections.
-Next to this is the Court of Appeal. The Court of Appeal has appellate jurisdiction over the District Courts, the High Court and the Courts of Special Cases. It is administered by a bench of three judges. At present, 6 judges have been appointed as appellate judges.
-The next lower court is the High Court. The High Court has jurisdiction over criminal cases.
This court is administered by a High Court judge.
It has jurisdiction over offences punishable by death and imprisonment for a term exceeding 10 years.
A special court is a court bench consisting of three judges constituted for the trial of certain specified crimes, considering their gravity and the importance of the matter to be tried. A special court bench shall be dissolved when the purpose for which it was formed is fulfilled.
The next level of courts with primary jurisdiction are the District Civil Courts and the District Criminal Courts. The Civil Courts receive and examine all civil cases and give preliminary rulings. Similarly, the Criminal District Courts also give summary judgment on criminal cases in criminal matters, and preliminary judgment on cases that they can hear. So far, 10 Criminal District Courts and 10 Civil District Courts have been started and today three District Courts each are engaged in the administration of justice. So far, 7459 criminal cases and 5790 civil cases have been decided by the District Courts. A total of 19776 cases has been heard by the District Courts till date.
Out of these, a total of 806 cases has been appealed. Out of these, 656 cases have been resolved.
The Law College, another unit in the functioning of the Tamileelam Judicial Administration Department, has completed legal education for three batches of students till date and is also undertaking education for the 4th batch. In addition, an external law course was started and is being implemented by the Tamileelam Law College in the year 2000.
The internal course of the Law College. consists of 22 full law courses and 4 other sub-courses. The external course consists of 18 law courses and one sub-course. The law course is a three-year course of study.
34 students in the first batch, 25 students in the second batch. 28 students in the third batch have completed their law studies and have left.
Although the legislative functions are the responsibility of the Legislative Assembly, laws are currently drafted by the Legislative Division of the Department of Justice for the functioning of the judiciary and for those with legal knowledge to handle them. The laws so drafted are reviewed by the Law Review Committee and then promulgated as law after receiving the approval of the National Leader of Tamileelam.
All the laws enacted today are enacted based on the principles of establishing pure justice and ensuring the smooth enjoyment and convenience of the lives of the people.
The laws enacted in this way include the sovereignty of the people. Independence of the judiciary. In accordance with the UN Declaration of Human Rights, laws are enacted based on the principle of protecting the rights of the people. Freedom to reside, express opinions, practice religion, and engage in business. Freedom to defend oneself before the law and to be found guilty after a criminal conviction. Laws are being drafted that include the right to be tried and punished without a fair trial.
So far, a total of 19 major laws and amendment laws have been published. Among them are the Criminal Code, the Evidence Act, the Tamileelam Code of Laws, the National Customs Act, the Food Act, the Motor Vehicle Registration Act, the Prohibition of Grain Act, and the Ticket Act.
Among these, the Tamileelam National Customs Act is a revised form of local law based on fair trials. The Criminal Code is a law created by incorporating the provisions of the general criminal law provisions followed by all countries and incorporating provisions that suit the needs of our society.
Similarly, the Evidence Act also emphasizes the independence of the parties during investigations. Accordingly, the rule that crimes must be proven beyond reasonable doubt, that every witness can be cross-examined by the opposing party if he so desires, and an international rule that confessions made to the police should not be accepted as evidence are specifically included.
Generally, the laws enacted today are implemented in accordance with the main principles of “civilizational development, maintenance of human rights, giving people the opportunity to enjoy a normal social life, independence of the judiciary.”
Over the past several years, the administration of justice has been expanding its activities as a major structure of a government and has been performing a thorough job. The current activities of the judiciary are continuously developing into a unit for tomorrow’s public administration.
The explanations conducted in the courts operating in Tamileelam are conducted in open court and when both parties are present. In criminal cases, the accused is presumed innocent until proven guilty “beyond reasonable doubt”.
Lawyers: The government operates with lawyers and private lawyers. Lawyers who have studied law in other countries can also work as lawyers after being selected through the Tamileelam Law College examination and passing it, or, depending on the circumstances, after taking an oath before a Supreme Court judge.
The Tamileelam Judicial Administration Department, which has been serving the people with integrity for eight years, will continue to strive to pave the way for the creation of a new, just Tamileelam society free from social injustices, in accordance with its just, disciplined and pioneering mission.
– N. Mathivarman
– Liberation Tigers Magazine
– August-September 2001 (100th issue)
(Translation by Tamilpriya)