Tamil Eelam Judiciary.! – A look at the administration of justice that has eliminated social injustices

Tamil Eelam Judiciary.! – A look at the administration of justice that has eliminated social injustices

Courts have been opened for the first time under the leadership of the Liberation Tigers of Tamil Eelam. These, called Tamileelam Courts, will start functioning from the middle of this October.
The administration of justice, which began with the court established in Chunnagam, was expanded to Paruthithurai, Chavakachcheri, Nallur and later to Vanni, Mannar and Mullaithivu districts.
A code of court rules has been compiled to govern the procedures of these courts and the administration of justice. The legislation governing the administration of justice in Tamileelam is like that in most countries of the world. This legislation has shown great effort in the goal of eliminating the reactionary social tradition related to casteism and discrimination that rejects social progress and human equality and building a non-discriminatory and noble social system. This legislation is designed to deal strictly with anti-social activities such as corruption, cheating, fraud, and drug abuse. “The main objective of the Tamileelam Judicial System is to ensure that justice is provided to the aggrieved people quickly and easily. At the same time, it is free from material costs.”

Even before the start of the Tamileelam liberation struggle, the Sinhala communal government’s judicial system was anarchic, rife with social injustices, and full of anti-Tamil racism. Once the liberation struggle began, Sri Lanka’s financial system became an institution that recognized and justified the Tamil genocide. After the armed struggle intensified, the Tamil people had the misfortune of having to face the anarchy of many armed groups that had set out for liberation. The Indian occupation occurred just as the Tigers were bringing these anarchic groups under control, putting an end to the sufferings that the Tamil people were facing, and creating a favorable environment for the Tamileelam liberation struggle. During the period of Indian occupation, a jungle darbar took place in Tamileelam. Aside from the atrocities of the Indian forces, the people of Tamileelam faced great hardships and crises due to the racist actions of the Sinhalese forces.

The withdrawal of the Indian army brought much of northern Tamileelam under the control of the LTTE. The LTTE attempted to establish a civil administration in these liberated areas. An impartial – social injustices removed – justice system slowly began to function. The political wing of the LTTE tried to listen to the complaints of the people and resolve them. Later, the elected village elders were entrusted with the responsibility of providing justice to the affected. After that, conciliation courts were formed, and attempts were made to resolve the complaints in a social manner. Since there was no body with the authority to implement the judgments given by these people’s courts.

But after the emergence of the Tamileelam Police, which began to maintain law and order, the administration of justice was also handed over to the police as a practical convenience. A code of law has been drawn up for the administration of justice in Tamileelam, and the courts of Tamileelam will also function based on that.

The formation of the courts of Tamileelam is a historically important event. With this historical event, the administration of justice in Tamileelam can be said to have taken a perfect shape. It can be expected that it will grow and administer justice in a complete form.

Criminal cases should be filed with the police. The police will file the case in court in the appropriate manner. Other ordinary civil cases can be pursued directly in court. Meanwhile, if the police arrest a person in connection with a criminal act, the suspect will be produced in court within 48 hours. If the police want to detain him for further investigation, the appropriate permission must be obtained from the court. The petitioner or the counter-petitioner can appear and argue for himself. A person who is unable to do so can hire a lawyer for himself, while, unlike the Sri Lankan court procedures, a person who hires a lawyer cannot make payments in private or secretly. The lawyer’s fees can be paid through the court administration itself. The amount of money will be determined by the court administration itself.

Meanwhile, it is a crime for a lawyer to appear in court and defend a criminal even after knowing for sure that his client is truly guilty. The law allows for acting against such a lawyer. The law has imposed the above restriction so that a criminal does not escape, or an innocent person is not punished simply because of the argumentative skills of a lawyer.

A case must be filed in court and a decision must be given within 6 months. A petitioner who is dissatisfied with the decision can appeal. If the appeal is accepted by the court, an upper tribunal will examine the case and issue a decision within three months.

The judges of the Tamileelam courts will be selected from the Tamileelam Law College, run by the Justice Administration Division of the LTTE. These judges will be members of the LTTE. Those elected as judges will take an oath before the national leader. The law will allow only lawyers who have taken an oath before judges in the Tamileelam courts to participate in court cases and legal proceedings. Those who wish to do so can register as government lawyers. They will be paid a monthly salary.

The poor and the helpless can get their due justice through these government lawyers. Regarding court proceedings, family cases – hearings in cases involving sex or sexual violence – will not be held in public. Other cases will be held in public. Court restrictions – As per the laws, the public will be allowed as spectators. The law also provides for the right of those who have been sentenced to a fine of more than one lakh rupees or five years of rigorous imprisonment for any offence to send a mercy petition to the national leader seeking forgiveness for their mistake and reduction of the sentence. Meanwhile, when every Maveerar Naal, on the orders of the national leader, criminals who have committed minor crimes will be granted a general amnesty and released.

The punishment for crimes will be fine or imprisonment or both. Except for those in intensive care, others will be ordered to do compulsory physical labor for social welfare projects and national reconstruction work. The courts of Tamileelam will not only administer justice among the people but will also function as a very important pillar of a democratic state and a powerful symbol of the state.

– LTTE Magazine

(Translated by Tamilpriya)