The move was catalysed by the suspension and attempted deportation of high court judge, justice David Lambourne. 

Kiribati president Taneti Maamau suspended justices Paul Heath, Peter Blanchard and Rodney Hansen - all retired New Zealand judges - after they blocked the illegal attempts to deport justice Lambourne.

The government cited Section 93(5) of the Kiribati Constitution, which offers two reasons for suspension: infirmity of body and mind, or misbehaviour. 

The foundations for the allegations have been obscure, and the details insurmountable, the IBAHRI said in a statement.

These latest attacks on the judiciary follow the earlier suspension of Kiribati’s chief justice William Hastings, who in May, made orders supporting the application by justice Lambourne about the terms of his appointment.

There now remains no judges able to perform the functions of the judicial arm of government.

Kiribati’s founding president, Sir Ieremia Tabai said the decision had plunged the country into ‘crisis’.

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“There are no more courts to which we can ask for a redress, so the whole thing now depends on what the government wants and I think it is a very bad situation to be in,” Mr Tabai said to the Guardian. 

Mr Tabai said that he and other MPs would raise the issue in parliament.

Law Council of Australia president Tass Liveris said that the decisions of Kiribati’s highest court, and its judicial officers, must be respected.

“The Australian legal profession calls on the Government of Kiribati to respect the independence of the judiciary and the separation of powers, and to refrain from any inappropriate or unwarranted interference with the judicial process,” he said. 

IBAHRI Co-Chair Mark Stephens CBE stated: “The IBAHRI urges the government of Kiribati to respect the separation of powers and ensure independence of the judiciary by complying with due process and court orders.”

The ‘separation of powers’ is a concept so fundamental and firmly established in Kiribati law and international law, that it has been embedded in the law of all nations since 1748, the IBAHRI said in a statement. 

The accountability of, and the relationship between the three independent branches of government: the executive, the legislature and the judiciary has been identified as a cornerstone of a functioning democracy countless times, they said. 

“The actions of the Kiribati government are misguided and inconsistent with the rule of law,” said justice Glenn Martin AM, president of the Australian Judicial Officers Association.

“The Australian Judicial Officers Association calls on the government of Kiribati to observe the judgments given, to withdraw the suspensions, and to allow the members of the Kiribati courts to exercise their functions according to law,” he said.

Australian Bar Association president, Dr Matt Collins AM QC said: “Respect for the rule of law demands that they be able to determine disputes between the state and the citizen according to law and, where those decisions go against the state, to do so free from recriminations and attacks on their integrity.”

IBAHRI co-chair and immediate past secretary general of the Swedish Bar Association, Anne Ramberg Dr Jur hc, commented:

‘As a member of the Commonwealth, Kiribati has agreed to uphold the Commonwealth values, including the Commonwealth Charter. 

“The Charter recognises the separation of powers (Principle 6) and highlights the need for ‘’an independent, impartial, honest and competent judiciary and recognises that an independent, effective and competent legal system is integral to upholding the rule of law, engendering public confidence and dispensing justice’ (Principle 7).’’ 

“A fully functioning, independent judiciary is fundamental to the rule of law, and the IBAHRI strongly opposes any action that threatens this as in the case of Kiribati.”

Mr Stephens stated: The IBAHRI is alarmed by, and condemns, the measures taken against Judge Lambourne, Justice Hastings and their colleagues. 

“The United Nations Basic Principles on the Independence of the Judiciary (1985) and the Commonwealth Latimer House Principles require States to guarantee protection against arbitrary disciplinary measures and interference in judicial proceedings. 

“The IBAHRI finds it deeply troubling that the investigations conducted in Kiribati are not ensuring due process guarantees and that authorities have acted in contravention of a judicial order of the Court of Appeal of Kiribati. 

Mr Stephens called upon every Commonwealth member to continuously pose itself the questions:

“How well does it observe the separation of powers? Do our executives respect the freedom of the legislature and the judiciary to discharge their responsibilities? 

“In other words, does the state properly believe in the judiciary's independence and power, as a key element of the balance of power and restraining overreaching and abuse by the executive?”