Three Commonwealth legal agencies are speaking out about an investigation of a Kiribati judge by the country's president.
The President, Taneti Maamau, has set up a tribunal, which is investigating allegations made against High Court Judge David Lambourne, though the nature of this alleged wrongdoing has not been revealed.
But the government in a statement has said the public complaints centred on his alleged inability to perform the functions of his office.
It intends to consider what it calls his misbehavior, and whether he should be removed from office.
Mr Lambourne is married to the current opposition leader, Tessie Lambourne.
The Commonwealth Magistrate's and Judges Association, the Lawyers Association and the Legal Education Lawyers' Association, have spoken out collectively.
They say Mr Lambourne has been suspended without pay and prevented from returning to Kiribati since March 2020; he has been unable to undertake his duties or prepare his defence against the allegations laid against him.
They say setting up of a tribunal to investigate a judge who has security of tenure must be consistent with the rule of law, constitutional safeguards and international standards.
Kiribati President, Taneti Maamau Photo: RNZ Pacific / Koro Vaka'uta
They want to see appropriate safeguards to ensure the right to be fully informed of all allegations, to be able to attend as well as be represented at any hearing, to make a full defence and to be judged by an independent and impartial tribunal.
"By virtue of its membership of the Commonwealth, Kiribati is committed to the shared fundamental values and principles of the Commonwealth, at the core of which is a shared belief in, and adherence to, democratic principles including an independent and impartial judiciary" the associations say.
"Any measure which is capable of being seen as eroding the independence and impartiality of the judiciary, or the fundamental rights that they are entitled to as citizens or residents of Kiribati, including members of the judiciary with security of tenure, is a matter of grave concern."
The associations are strongly urging the government and parliament of Kiribati to respect the independence of the judiciary and to comply with the country's relevant constitutional provisions, and to abide by its commitments to Commonwealth Principles.
