18) Properties within the High Security Zones IDPs and refugees whose properties are situated within High Security Zones are unable to return to their properties since they are prevented from entering these zones. We are refraining from making any pronouncement about the legality of these measures taken by the security forces since the matter is under discussion as a prioritized issue in the current peace negotiations. The maintenance of High Security Zones has, however, caused severe hardship to the IDPs as they are prevented from occupying their houses and cultivating their lands. We recommend, therefore, that a scheme for compensation be devised for the time they were prevented from enjoying their full property rights of occupation and earning. The state should also make provision for alternate accommodation and livelihood until such time as the IDPs are able to return to their own properties. The infrastructure and resources of the Judiciary in the war affected areas At present, Sri Lankan courts function in all the conflict-affected areas except in areas controlled by the LTTE. The courts in the LTTE-controlled regions of Kilinochchi and Mullaithivu ceased to function before 1987, and have still not resumed work. The courts in the Jaffna Peninsula ceased to function in 1987. The Jaffna District Court/Magistrates’ Court resumed functioning in 1996 and the remaining courts in the Peninsula resumed functioning in 1998. The courts in Vavuniya, Trincomalee, Batticaloa, Ampara, Mannar and Puttalam have functioned throughout the conflict interrupted on occasion by incidents of violence and other disturbances. The buildings in which courts are housed in the Northern Province have been badly damaged and case records, documents, furniture and other equipment are missing. The courts in the Jaffna peninsula are presently functioning as combined courts13 in rented buildings that are not suitable for courts. The judiciary in Sri Lanka is often criticised for delays in adjudicating disputes because of the application of the rules of procedures and evidence. Due to this delay a straightforward civil dispute might take 2 to 5 years for adjudication by a court of first instance14. The appeal processes may extend final determination of a case for a further 7 years or more. There are provisions for appeal from the Primary Court to the High Court of the Province and from that order to the Court of Appeal and a final appeal to the Supreme Court15. An order of the District Court is subject to appeal and revision, in the first instances to the Court of Appeal and from that order to the Supreme Court. Therefore a final determination of a civil dispute, not even taking into account the affects of the civil war on the judiciary, would take about 7 to 10 years. While the language of the courts of the Northern and Eastern province is Tamil, the appeals in the Court of Appeal and Supreme Court are in English. The translation of the case record into English in case of an appeal also contributes to the delay and expense. In Jaffna, the combined Magistrate's/District Court, which is presided over by a single judge, also adds to significant delay in determining property disputes as criminal cases take precedence over civil disputes. 13 The District Court and the Magistrates’ Court are presided over by one Judge. 14 The primary Courts and the District Courts are the courts of first instances exercising civil jurisdiction. 15 The Court of Appeal and Supreme Court are housed in Colombo. 29

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