against it, the Commission will take it as proven, or at the least probable or plausible. Absence of Appropriate Legal Checkpoints 222. The Complainants allege that the absence of appropriate legal checkpoints that could force the State to diligently and expeditiously work to investigate, charge and conduct trials also contributed to the delay. Giving the example of the right to petition for writ of habeas corpus was not available to many of the victims and the statute of limitation with regard to the crimes the victims were alleged to have committed was removed. 223. The Respondent State did not fully address this allegation. It argued that full judicial independence is guaranteed by domestic laws in Ethiopia as is provided for in Article 78 of the Constitution. It argued that in the Constitution further guarantees in Article 78(4) that special or ad hoc courts which take judicial powers away from the regular courts or institutions legally empowered to exercise judicial functions and which do not follow legally prescribed procedures shall not be established. The Constitution, the Respondent State argues, also guarantees in Article 79(2) and (3) that the courts from any level shall be free from interference by government or any other source and that the judges shall exercise their functions in full independence and shall be directed solely by law. 224. The Respondent State submit that after establishing the SPO, the Office undertook examining detained defendants, requesting remand in custody to complete investigation and responding to habeas corpus demands in the relevant courts. It did not say what the outcome was. 225. Again applying its long-standing practice, that in cases of human rights violations, the burden of proof rests on the government, and where the government provides no evidence, as in the instant mattter, to contradict an allegation of human rights violation made against it, the Commission will take it as proven, or at the least probable or plausible. Joinder of Cases and Accused Persons 226. The Complainants argue that though Articles 116 and 117 of the Ethiopian Criminal Procedure Code provides for joinder of charges and accused persons, where there is conflict of interests that may cause serious prejudice to the accused or to the interests of justice, which is the case with the Dergue trials, the courts should order separate trials. 52