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2023-02-23

High Court issues writs of Habeas Corpus against Sri Lanka Army in three more cases of surrendees

The High Court of Vavuniya on 23rd February delivered order in the remaining three cases of writ of Habeas Corpus ordering the Respondents Sri Lankan Army to produce the Corpus in Court. The Corpus in the cases are the husbands of the three Petitioners. The petitioners alleged that their husbands had surrendered to the Army on the 18th of May 2009 the last phase of the war and that they are missing ever since presumed to be victims of enforced disappearance while in the custody and control of the Army.

Writ of Habeas Corpus is a remedy available to compel the body of a person who is illegally or improperly held in public or private custody and to discharge or deal with such person according to law. The Army Commander, the Commander of the 58th Brigade and the Commanding Officer of the Mullaitheevu Army Camp were cited as Respondents in the Petition.

The said applications were filed in the High Court of Vavuniya which directed the Magistrate Court of Mullaitheevu within which jurisdiction the incident happened, to hold inquiry into the matter and file report to the High Court. It took nine grueling years for the inquiry to be concluded and final verdict delivered.