The International Bar Association's Human Rights Institute has expressed concern over the state of the rule of law in Fiji, stating it has steadily deteriorated since the December 2006 coup.

In a report titled "Dire Straits: A report on the rule of law in Fiji", concerns were highlighted about the interim military regime's efforts to influence the judiciary, the legal profession and the media in Fiji.

The report published following two separate attempts by a high-level IBAHRI led delegation of senior jurists from Australia and Malaysia to visit Fiji, subsequent to reports of threats to judicial independence and violent attacks on some lawyers.

The report stated that of particular alarm is the case of Chief Justice Daniel Fatiaki who in January 2007, was removed from his office by representatives of the Interim Government and forced to take leave under duress.

Subsequently, Fatiaki was charged with a range of misconduct offences, including allegations that he supported the 2000 coup.

He was subjected to a delayed disciplinary process which was eventually dissolved as part of a settlement between him and the regime in December 2008.

The report states if the allegations made against Chief Justice Fatiaki were true, then an investigation should have been launched by an independent tribunal.

Another concern highlighted in the report is the conduct of judges who have been appointed or promoted following the December 2006 coup, who have heard cases that relate to the constitutionality of their own appointments, which breaches the law of recusal, which prohibits judges from presiding over a matter in which he or she holds an interest.

The 118 page report contains 31 recommendations which the Association is calling on the interim regime and other relevant bodies to implement as a matter of urgency, to restore the rule of law in Fiji.

Included in the recommendations are the need for the interim regime to refrain from any interference with the independence of the judiciary and the legal profession, be transparent and accountable and refrain from inhibiting access to Fiji of independent international delegations, such as the IBAHRI delegation and the UN Special Rapporteur on the Independence of Judges and Lawyers.

Also one of the recommendations include for the interim government to desist from using contempt or deportation proceedings to attempt to control information provided to the community by the media.

The Co-Chair of the IBAHRI Council Justice Richard Goldstone stated that the independent and impartial review reveals the extensive deterioration in the rule of law in Fiji, adding it is evident that measures implemented by the interim regime have negatively impacted on the judiciary, the legal profession, the Human Rights Commission and the media.

He said steps should be taken to restore democracy and a robust rule of law in Fiji.