Kiribati senior judge removal a major setback to justice – UN expert

GENEVA (26 April 2024) – The vote by Kiribati’s Parliament to remove High Court judge David Lambourne is a major setback for justice and rule of law, said Special Rapporteur on the Independence of Judges and Lawyers Margaret Satterthwaite today.

“Judge Lambourne was removed after proceedings that violated international standards”, she said. “He was not allowed to have a fair hearing, after almost four years of proceedings that have undermined the independence of the judiciary in Kiribati.”

In 2020, as COVID pandemic restrictions were imposed, Lambourne was in his native country, Australia, and his return to Kiribati was delayed. He was later denied entry to the country, despite having served as a High Court judge since his appointment in 2018. He was reportedly told by the authorities that they would issue a work permit and allow him entry only if he signed a contract with an unprecedented and backdated three-year term, which would see his appointment end on 30 June 2021.

He was later able to enter Kiribati, but has since faced suspension and deportation efforts.

In May 2022, the President of Kiribati suspended Lambourne from the High Court and appointed a tribunal to investigate unspecified allegations of misconduct against him. The following month, when the senior judge’s appeal against his suspension came up in court, the Government suspended the chief justice who was to hear the case, before setting up the first of two tribunals to investigate Lambourne.

Satterthwaite said the second tribunal was marred by procedural irregularities and delays. It ruled that Lambourne should be removed, largely because some of his written judgments were not “promptly delivered”.

“I am very concerned at the unreasonableness of the tribunal's conclusion that a conduct that could be remedied within the judicial procedure amounted to misbehaviour so serious that Judge Lambourne should be removed from office”, she said.

“I am appalled at the impact that this case has had on the independence of the judiciary in Kiribati,” the Special Rapporteur said. The Court of Appeal judgement in favour of Lambourne also led to a presidential decision to suspend the court’s three judges.

“The removal of judges without due process is a huge blow to judicial independence. The Government must respect the independence of the judiciary,” Satterthwaite 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.”

“Kiribati must take all measures to ensure the independence of the judiciary and the tenure of judges,” Satterthwaite said.

“Judge Lambourne has lived in Kiribati with his family for over 20 years. I urge the authorities to grant him a visa, which would allow him to remain in the country while he carries out his appeal”, she said.

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