Two international legal organizations – the Commonwealth Lawyers Association (CLA) and LAWASIA – have voiced serious concern over recent developments in Fiji involving the Fiji Law Society, warning that any move to prosecute senior Law Society officials would constitute a grave violation of international norms protecting the independence of the legal profession.

In a joint statement issued on 10 June 2025, the CLA and LAWASIA responded to a media release by the Law Society dated 1st June, expressing alarm over the potential arrest and prosecution of current Law Society President Wylie Clarke and immediate past President Laurel Vaurasi.

The pair reportedly face possible charges of obstructing justice and perverting the course of justice in connection with events surrounding the controversial arrest of Barbara Malimali, former Commissioner of FICAC.

According to the statement, Clarke and Vaurasi were acting in their official capacities on 5th September 2024, when they visited FICAC’s offices in response to Malimali’s arrest by her acting deputy and other FICAC personnel.

The Society had raised serious concerns about the independence and impartiality of FICAC, warning that the episode could undermine public confidence in the administration of justice.

Following the incident, a Commission of Inquiry (COI) was established to examine Malimali’s appointment.

The COI’s report, which was completed in May 2025, led to her suspension and eventual removal on the advice of the Prime Minister. However, the Law Society has challenged the constitutionality of these actions and expressed concern that the COI’s findings have not been made public or shared with affected individuals – denying them the opportunity to respond or challenge the report, in breach of principles of procedural fairness.

The two legal organisations emphasized that the potential criminal charges against the Law Society leaders would contravene international legal standards, including the ‘UN Basic Principles on the Role of Lawyers’ adopted in 1990.

These principles require governments to ensure that lawyers can perform their professional duties without intimidation, harassment, or interference.