Most of us were probably engrossed in following what led to Donald Trump becoming the first US president to be criminally charged. However, apart from that event that sparked world-wide news, how many of us are aware that, across the globe, 78 countries have jailed or prosecuted leaders who left office since 2000? Indeed, ex-leaders in many other countries have long been investigated, prosecuted, and occasionally, yes, imprisoned.
While no one should contest that everyone should be subject to the rule of law, how many of us are ready to contest that failing to prosecute criminal wrongdoing, particularly that committed by former presidents, prime ministers, ministers and even high-ranking public officials, not only puts such ex-leaders and public officials above the law but encourages their successors to behave likewise?
The former South Korean president Park Geun-hye was sentenced to 24 years in jail for corruption in 2018 (she served five). Lee Myung-bak, her predecessor, was recently pardoned after getting 17 years for embezzlement and bribe-taking in 2020. Lee’s predecessor, Roh Moo-hyun, who was president from 2003 to 2008, killed himself a year later amid an investigation by prosecutors into allegations he accepted more than $6 million in bribes from a South Korean businessman while in office.
Two former French presidents have also been pursued since leaving office. Remarkably, Nicolas Sarkozy was convicted of corruption, influence peddling and illegal campaign financing and handed twin custodial sentences – a year in jail and a year’s house arrest – in separate trials in 2021. Sarkozy was also investigated over an allegation of illegally accepting campaign funds from former Libyan leader Muammar Gaddafi. His predecessor, Jacques Chirac, was given a two-year suspended sentence in 2011 after being found guilty of influence peddling, breach of trust and embezzlement while mayor of Paris.
In Israel, former president Moshe Katsav, former prime minister Ehud Olmert and Benjamin Netanyahu were all investigated, prosecuted, convicted and imprisoned for criminal offences ranging from corruption, fraud, embezzlement and abuse of office.
Italy’s former prime minister, Silvio Berlusconi, was successfully convicted of tax fraud in 2013. That led to a four-year prison term.
The region, where the most former leaders have been jailed or prosecuted, however, is Latin America. In Brazil, Luiz Inácio Lula da Silva was sentenced to 12 years in jail for corruption. Cristina Fernández de Kirchner, Argentina’s most powerful politician since Juan and Eva Perón, was sentenced to six years in prison in a corruption case dating back to her time as president.
After years of failing to prosecute blatant government corruption, Mexico finally made up for lost time, with prosecutors confirming that former president Enrique Peña Nieto was under investigation, while in Peru, every president in office from 1985 to 2018 has faced criminal charges.
These are just a few examples of countries boasting strong credentials and ensuring that equality before the law and the rule of law are scrupulously upheld. Malta, however, presents a picture in stark contrast to the above.
I need not repeat here the well-known names of former prime ministers, ministers, politicians, and high-ranking officials who were implicated or against whom there were allegations of corruption, fraud, embezzlement, abuse of office, complicity in the assassination of a blogger-turned-journalist or other criminal wrongdoing, but who, to date, have never been investigated, let alone prosecuted.
Of course, for any investigation and prosecution to be initiated, the Commissioner of Police, as entrusted by law with the upkeep of public order and with the investigation of criminal offences committed, as well as the Attorney General, as entrusted by the Constitution with the prosecution of individuals charged with the commission of criminal offences, have to do their duties.
It follows, therefore, that a total lack of investigation and prosecution of all those heavily suspected of involvement in criminal wrongdoing can only point to the conclusion that those two guardians of public order and due process of law have reneged on their legal and constitutional responsibilities. I suppose that nobody would be ready to go so far as to insist on an investigation and possible subsequent prosecution of the individuals who occupied those sensitive posts at the time.
It would be no justification at all to argue that their reluctance to act might have come down mainly to the fear that prosecution would destabilise and divide even further an already polarised country.
Whatever – the undeniable fact remains, though, that in light of this state of affairs, we can hardly boast of any irrefutable credentials that in this small country of ours, everyone is equal before the law and that no glaring distinction is made as to who has to shoulder responsibility and face justice.
Strong democracies are usually competent enough and the judicial system independent enough to prosecute politicians who misbehave, including top leaders.
What about Malta?
Dr Mark Said is a lawyer