The Death of Justice?

The report below from ABC News should be of great concern for any person who believes in the rule of law and the right to justice for those who seek protection from the arbitrary application of power by governments.

While the establishment of an indigenous Court of Appeal on Nauru is a laudable goal, one would have thought that the said court would be established prior to the elimination of existing avenues of appeal for Nauruans and those who find themselves currently on Nauru. That the appeal avenues have been eliminated prior to a replacement court being established must be of concern for those currently engaged in legal matters on Nauru, or those who, through no fault of their own, find themselves languishing in Nauru because of some arbitrary decision of the Australian government.

The Commonwealth of Australia has a duty of care to those people it has warehoused on Nauru, and this duty of care must extend to ensuring that those people have access to a properly functioning judicial system with an appropriate avenue of appeal. If that can’t be guaranteed on Nauru – and it would appear that it can’t at the moment – then the Commonwealth of Australia should act to ensure those for whom it has a duty of care are moved to a place where they do.