Tag Archives: Ex-presidents

Ukraine – Ex-Presidents and their Legal Troubles

A few weeks ago, on the pages of this blog, we posted an article about Peru’s ex-presidents and their legal troubles. Today, we continue the series with a follow up on Ukraine and ex-presidents’ troubles there.

In March 2018, EU prolonged sanctions against the former Ukrainian President Viktor Yanukovych and his associates, including President’s son, two former Prime Ministers, and Yanukovych’s chief of staff. EU accused the former President and his inner circle of misappropriation of state funds and froze their assets shortly after the president fled the country in February 2014. Estimated to be tens of billions of dollars, access to funds was blocked on the territories of 8 EU countries.

Yanukovych successfully challenged the sanctions during their first year, from March 2014 to March 2015, as EU did not have enough evidence of embezzlement at the time. However, the sanctions were re-instated starting from March 2015, followed by a recent extension for another year, until March 2019. Yanukovych and his son filed appeals in 2016 and 2017 to be taken off the EU sanctions listing. Both appeals have been dismissed and sanctions were upheld. Nonetheless, the President and his son continue to maintain their innocence and deny any involvement in corruption or other wrongdoings.

In the meantime, the court hearing for Yanukovych’s treason case in Ukraine also continues. The trial started a year ago, in May 2017. The ex-president is charged with state treason. The punishment ranges from 10 years in prison to life imprisonment. The current President of Ukraine, Petro Poroshenko, was called to testify in February 2018. However, his testimony  ended prematurely as the judge accused the lawyers of the defense of intentionally asking questions unrelated to the criminal investigation. And in the latest development, the former Prime Minister of Ukraine, Mykola Azarov, requested to testify in the case. However, due to fear of persecution, he agreed to appear in court only via a video conference. It is estimated that the investigation and trial will go on for several years.

Despite all the corruption problems in Ukraine, Yanukovych is the only president currently either on trial or on the run. That said, another ex-President, Leonid Kuchma, has experienced his fair share of legal troubles. In addition to being accused of corruption and vote-rigging, in 2011 he was indicted by court for his alleged involvement in the 2000 murder of a Ukrainian journalist. However, Kuchma managed to rehabilitate his image and turned into a respected diplomat in 2015, helping Ukraine negotiate during the crisis with Russia.

Zbigniew Brzezinski has been quoted saying that every Ukrainian president is worse than his predecessor. This may explain the low trust Ukrainians have in the executive office and their readiness to go to the streets to demand responsible politics. With the upcoming election next year, the Ukrainians surely hope that the current president will prove Zbigniew Brzezinski wrong.

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.