Kiribati: UN expert says attempts to deport High Court judge undermine judicial independence

GENEVA (25 August 2022) – Diego García-Sayán, UN Special Rapporteur on independence of judges and lawyers today expressed grave concern for one of Kiribati’s most senior judges, David Lambourne, who was detained by immigration authorities after a failed attempt by the government to deport him.

Australian-born Judge Lambourne is a long-term resident of Kiribati and serves on the country’s High Court. On 11 August 2022, officials arrived at Lambourne’s residence in South Tarawa shortly before 6AM with a deportation order and a same-day airline ticket to Fiji. When the deportation attempts failed due to a court order, the High Court judge was detained. He was released on 12 August.

Justice Lambourne returned to Kiribati on 1 August after being stranded in Australia since February 2020 due to the Covid-19 pandemic.

“The attempted deportation of Judge Lambourne is only the latest in a series of measures by the Government of Kiribati that interfere with the security of tenure of the judge and undermine the independence of the judiciary,” said the UN expert.

García-Sayán said that the Kiribati Government had made several attempts to prevent him from returning to the island and resuming his position as a High Court judge.

Judge Lambourne was told that the government would only issue a work permit to allow him entry if he signed a contract with a backdated three-year term which would have seen his appointment end on 30 June 2021. He initially declined, but eventually signed in April 2021 under duress after the Government stopped paying his salary and refused to allow him on any of the repatriation flights.

In May 2022, the President of Kiribati suspended Judge Lambourne from the High Court and appointed a tribunal to investigate unspecified allegations of misconduct against the senior judge.

In June this year, when Lambourne’s appeal against his suspension came up in court, the Government suspended the Chief Justice who was to hear the case.

The suspensions of the two top judges have left Kiribati without a functioning High Court, the Special Rapporteur said.

“The suspension of judges without due process is a huge blow to judicial independence. It is the duty of all Governmental and other institutions to respect and observe the independence of the judiciary,” García-Sayán said. “Under international standards, judges may be subject to suspension or removal only for reasons of proven incapacity or behaviour that renders them unfit to discharge their duties, and only in accordance with an appropriate procedure before an independent body.”

The Special Rapporteur said that Judge Lambourne was finally able to return to Kiribati on 1 August 2022 but had only been issued a one-month visit visa.

“He has been prevented not only from performing the functions of his office in recent months, but even from participating in his own defence,” the expert noted.

“The rights to equality before the courts and tribunals, to a fair trial, and to effective remedies are key elements of human rights protection,” García-Sayán said. “I urge authorities in Kiribati to ensure the independence of the judiciary and the tenure of judges.”

The UN Special Rapporteur has been in contact with the Government of Kiribati regarding these allegations.

ENDS

Mr. Diego García-Sayán was appointed Special Rapporteur on the independence of judges and lawyers in December 2016. Mr. García-Sayán was a judge of the Inter-American Court of Human Rights for two consecutive terms. He has broad experience working for multilateral organizations such as the United Nations and the Organization of American States.

Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent of any government or organisation and serve in their individual capacity.

UN Human Rights, Country Page – Kiribati