included, to date: the sacking of judicial officers and of a number of senior government officials; the
appointment of replacement judges in circumstances that are inconsistent with the basic tenets of
judicial independence; the indefinite suspension without pay of the majority of opposition MPs in
the 2013–2016 Parliament; and a number of moves to crack down on freedom of speech, and to
hamstring the media.
Mr Kun and his family found themselves at the centre of this maelstrom. Soon after the
election, the Government sacked Mr Kun’s (then de facto) spouse, Dr Katy Le Roy, from her position
as Parliamentary Counsel to Nauru – a position that she had discharged with distinction, earning her
international repute.16 Then, in January 2014, while the Kun family were visiting Dr Le Roy’s country
of nationality, Australia, for the birth of their third child, the Nauruan Government peremptorily
cancelled her visa, barring her from re-entering the country. Dr Le Roy could not challenge this
decision because, between January and September 2014 (following the sacking of the Island’s two
judicial officers), Nauru did not have a functioning court system. Dr Le Roy – the spouse of a Nauruan
Member of Parliament and the mother of three Nauruan citizens – was precluded from returning to
her home on Nauru, even to collect her belongings.17
The Kun family needed a new home. Dr Le Roy applied for, and was offered, a permanent
and fulltime position at the Parliamentary Counsel Office in New Zealand. In May 2014, the family
moved to Wellington, with Mr Kun taking up the role of stay-at-home dad to the three young
children.
Around the same time, Mr Kun heard he had been suspended from the Nauruan Parliament
(along with other opposition MPs) in retaliation for speaking to the international media about the
breakdown in the rule of law in Nauru. Technically, he remained a Member of Parliament for the
reminder of the 2013–2016 term. But he received no funding or resources and was unable to
participate in parliamentary proceedings.18
This was how things stood for around a year, with the family settling into their new lives and
putting down roots in their local community. Then, in June 2015, Mr Kun flew to Nauru for a fourday visit, where he attended a meeting with the Speaker of the House about the situation of the
suspended MPs. Mr Kun also planned during his stay to join a protest that was to be held outside
Parliament. But, in the event, he decided to stay away from the protest as he was concerned that it
might provide an excuse for a Government crackdown. Sure enough, the protest was portrayed by
the Government as a “riot”, and became the occasion for the arrest of three opposition MPs.
The following day, Mr Kun boarded his scheduled flight to depart Nauru. Before the plane
could leave, Mr Kun was removed from it by Government officials and advised that his passport had
been cancelled. It would be more than year before Roland Kun would see his family again. In the
intervening months, he was to remain an effective prisoner on Nauru – unable to leave in the
absence of a valid travel document. During that time, he was never arrested or charged (nor even
interviewed) in relation to any alleged criminal offending. The Nauruan Government asserted the
cancellation of his passport was on national security grounds but never provided any explanation of
how Mr Kun might be thought to endanger national security, nor how preventing him from leaving
16
She was sacked, along with the Police Commissioner, for providing the Government with free and frank
advice in relation to the treatment of asylum seekers on Nauru.
17
Mr Kun and Dr Le Roy have since married, conferring on Dr Le Roy a constitutional entitlement to Nauruan
citizenship: see Constitution of Nauru, art 74. But the Nauru Government has refused to process Dr Le Roy’s
citizenship application.
18
This indefinite suspension was contrary to the Standing Orders of the Nauruan Parliament (SO 47), and
inconsistent with the limited bases for disqualification from Parliament listed in the Constitution of Nauru (arts
31–32).
5
Electronic copy available at: https://ssrn.com/abstract=3094731
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