Photo: Kiribati government
Two legal organisations have expressed concerns about the appointment of Tetiro Semilota, the Attorney General, as Kiribati acting Chief Justice.
The Commonwealth Judges and Lawyers' Association said in a statement the appointment is a conflict of interest.
It said having signed indictments, it would not be appropriate to then have the same person act as Judge in such cases, or in any matter she gave advice on as a law officer to the Government.
The Association said this does not comply with the Basic Principles on the Independence of the Judiciary.
The statement said the effect of this would be that the people of Kiribati would not enjoy the right to a fair trial heard by an impartial and independent tribunal.
The Law Council of Australia said in a statement that it is monitoring "troubling developments" in Kiribati.
"To hold both offices simultaneously would be inconsistent with the separation of powers, which requires that the judiciary be independent of the executive arm of government," it's statement said.
"This distinction is also enshrined in the Constitution of Kiribati, in which the Attorney-General is vested with executive authority as a member of cabinet, serves as the principal legal advisor to the Government, and is empowered to bring, intervene in and continue criminal proceedings on behalf of the Government.
"These functions are incompatible with service as a judicial officer.
"It is essential that the people of Kiribati are served by an independent judiciary empowered to interpret and apply the laws and Constitution of Kiribati without fear or favour," the Law Council said.
Previously, the New Zealand Law Society expressed similar concerns.
