Peru – Ex-Presidents and their Legal Troubles

The legal woes of Peruvian former presidents continue at pace. It is barely a month since former President Pedro Pablo Kuczynski (2016-2018), facing an impeachment vote, resigned in the wake of allegations of vote buying and a lack of clarity surrounding US$782,000 that a company he owned received from the Brazilian construction giant Odebrecht. Now this week, another ex-President, Ollanta Humala (2011-2016) and his wife Nadine Heredia, were released from their pre-trail detention over alleged kickbacks they received, also from Obebrecht. Humala and Heredia are accused of receiving money from Obebrecht, which they then used to illegally finance Humala’s election campaigns. They have been under investigation in some form or other since 2015 when four of Heredia’s personal notebooks, containing details of the alleged kickbacks, were stolen by a former housekeeper and leaked to the press. Humala and Heredia have been in prison since July 2017, but prosecutors had yet to press any charges and so last week, the Constitutional Court ruled that their arrest and imprisonment did not comply with the rules of due process.

Former Presidents Kuczynski and Humala are not the only ones affected by the fallout from the Odebrecht scandal. Centered on the Lavo Jato corruption scandal, the Odebrecht affair has its roots in bribes given to Brazilian politicians (and elsewhere) by the Brazilian construction giant, Odebrecht, in return for a whole gamut of favors. In fact, Odebrecht has admitted to paying over US$1 billion in bribes and apparently, they even had a designated department whose sole function was to bribe governments across the region in return for state building contracts. The scandal has been partly responsible for forcing Dilma Rousseff, the former president of Brazil, out of office. In Panama, prosecutors are now seeking to detain the sons of former president, Ricardo Martinelli (2009-2014), Ricardo Alberto and Luis Enrique Martinelli, who are accused of depositing part of a US$22 million bribe that Odebrecht paid in return for lucrative state contracts in Panama. In the Dominican Republic, the Brazilian firm admitted that it payed US$92 million in bribes to Dominican government officials to secure large and lucrative infrastructure projects.

But while this scandal has dragged other Latin American executives into its orbit, it seems to have hit the cohort of Peruvian ex-Presidents particularly hard. Former President Alejandro Toledo (2001-2006), has been accused of receiving US$20 million in bribes from Odebrecht in return for granting them the contract to build a large road and infrastructure project. Toledo is currently on the run and the Peruvian government offered a 100,000 soles award (approximately US$30,000) for information leading to Toledo’s arrest. The presidency of Alan García (2006-2011/1985-1990) has also fallen under suspicion, given that Obebrecht won a record number of contracts in Peru during his tenure. Kuczynski is not allowed to leave the country while investigations continue and former Odebrecht officers in Brazil have also alleged that they partly financed the presidential campaign of Keiko Fujimori.

This week it also emerged that former President Alberto Fujimori (1990-2000) is set to face new charges over the alleged forced sterilization of five women during his time in office. Over 300,000 women were sterilized as part of a state programme during Fujimori’s presidency, but thousands of these woman have accused the state of forcing them to have the surgery against their will. In a 2014 investigation, Fujimori was cleared of any wrongdoing in this regard. This comes only months after Fujimori, who was serving a 25-year sentence for corruption and human rights abuses, was pardoned by former President Kuczynski. In December of last year, Kuczynski  defeated a motion to impeach him, by 78 votes against 19, with support from Keiko’s brother, Kenji Fujimori, who defied his sister by leading a small group of rebellious Fuerza Popular legislators to block the impeachment vote against Kuczynski.

By my count, this now means that every single living former Peruvian president is either under investigation, under suspicion, facing charges, on the run, or newly released from prison. Given the legal woes of these ex-presidents, it is perhaps no surprise that Peruvians tend to evince such low support for the executive office.

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