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lite.cnn.com - on gopher - inofficial | |
ARTICLE VIEW: | |
Why do so many Latin American leaders have legal troubles? | |
By Sofía Benavides, CNN | |
Updated: | |
8:00 AM EDT, Sun September 14, 2025 | |
Source: CNN | |
Brazil’s former President Jair Bolsonaro – who was this week of | |
plotting to overturn his country’s 2022 election and sentenced to | |
more than 27 years in jail – is far from being the first Latin | |
American leader to run into legal trouble. | |
In Peru, no fewer than four former presidents are currently serving | |
time in Lima’s Barbadillo prison, while in Colombia just last month | |
Álvaro Uribe, president from 2002 to 2010, was sentenced to 12 years | |
of house arrest after being found guilty of procedural fraud and | |
witness tampering (a verdict he is currently ). | |
Indeed, look closely at the rest of the region and it’s clear that | |
legal trouble for former leaders is not the exception but the rule. In | |
every Latin American country – bar one – at least one former | |
president (and often more) is under judicial scrutiny. | |
In Ecuador, almost every leader since 1996 – a total of eight – has | |
been investigated by law enforcement agencies (Alfredo Palacio, | |
2005-2007 is the only exception). Three of them have been found guilty | |
of criminal offenses, including Rafael Correa, who served as president | |
from 2007-2017 and was sentenced for a bribery case. He is currently | |
living in political asylum in Belgium. That ties with Peru where, since | |
the turn of the millennium, no fewer than seven presidents have been | |
brought to trial or faced legal challenges relating to allegations of | |
corruption or human rights abuses (while an eighth shot himself dead | |
when police were closing in). Francisco Sagasti and Valentín Paniagua | |
are the exceptions. | |
Following close behind are El Salvador, Mexico and Guatemala and | |
Argentina, each of which has five former presidents either facing or | |
having faced criminal probes. In Argentina, two have been convicted, | |
including Cristina Fernández de Kirchner, who was found guilty of | |
fraudulent administration in 2022 and is currently under house arrest | |
and banned from running for election; while in Guatemala, three have | |
been convicted. | |
Costa Rica, Brazil, Paraguay and Bolivia are next up, each with four | |
former leaders who have faced investigation – with at least two | |
convictions in each country. Rounding out the regional scorecard are | |
Panama and Honduras, with three investigations and at least one | |
conviction each; and Nicaragua, Dominican Republic, Haiti, Colombia, | |
Venezuela and Chile – all with at least one investigation. | |
There is just one exception to the rule. | |
The exception to the rule | |
In Uruguay, not one single president from the country’s democratic | |
period has been charged or convicted by the justice system, nor has any | |
open investigation against them. | |
Not only that, but the small country on the Río de la Plata regularly | |
tops democratic quality surveys – such as The Economist’s Democracy | |
Index, which in 2024 ranked it 15th in the world and described it as | |
the only “full democracy” in the region, followed by Chile at 29th. | |
The index takes into account such factors as electoral processes, | |
government functioning, political participation, political culture, and | |
civil liberties. | |
Ángel Arellano, professor at the Catholic University of Uruguay and | |
PhD in political science, says Uruguay’s unique position is partly | |
explained by what he terms a “political culture of respect for public | |
resources.” | |
“(In Uruguay) it’s normal for high officials to use their own cars | |
and live in their usual homes. They don’t have great perks, | |
especially compared to the rest of Latin America, and they have high | |
salaries, yes, but a certain austerity in their practices,” Arellano | |
said. | |
“For example, it’s common for a minister to walk down the avenue to | |
go from one office to another, or to drive their own car, or for a | |
parliamentarian to drive to parliament. No chauffeurs, secretaries, | |
helicopters – things that do happen next door in Argentina. That | |
infrastructure doesn’t exist in Uruguay, partly due to the | |
country’s scale, its economy, and, again, its political culture.” | |
On the other end of the spectrum, Peru is widely seen as having | |
extremely weak institutions and is ranked 78th in The Economist’s | |
democracy index. | |
Is the system to blame? | |
So, Uruguay aside, why do Latin American leaders seem so prone to legal | |
trouble? | |
Experts commonly point to two related issues: widespread corruption | |
among officials – characterized by bribery and embezzlement of public | |
funds – and a lack of trust in institutions among the public. | |
According to the latest 2024 Transparency International report, the | |
Americas average 42 out of 100 points on a scale where 100 is very | |
transparent and zero is very corrupt. This puts the region 22 points | |
below the European Union and only three points above the Middle East | |
and North Africa. | |
Arellano links corruption to another phenomenon: presidential systems | |
that concentrate power in the hands of a single individual. | |
“If you look at the map, there’s hardly a country that hasn’t | |
been touched by a corruption scandal, and many of those cases resulted | |
in the prosecution of the country’s top political leader,” he said. | |
“That’s because Latin America has inherited a very strong | |
presidentialist culture, where the president plays a central role in | |
the state, unlike European democracies where the president is | |
constrained by parliament. That concentration of power in the president | |
also explains part of the phenomenon.” | |
Is corruption getting worse or are investigations getting better? | |
Corruption is not the only charge former leaders stand accused of. | |
Bolivia’s ex-President Evo Morales, for example, was charged last | |
year with human trafficking after allegedly having a relationship with | |
a minor – allegations he insists are politically motivated. | |
However, corruption does account for a large – and seemingly growing | |
– number of cases. | |
Manuel Balán, an academic and specialist in judicial processes and | |
politics in Latin America, found in a 2018 paper that there had been a | |
“growing trend toward the prosecution of former heads of the | |
executive in Latin America since the democratization of the 1980s.” | |
That raises the question: is corruption really on the rise? Or, as | |
societies become more transparent in the democratic era, are | |
authorities simply getting better at investigating it? | |
Part of the problem in answering this question is that corruption | |
statistics are often based on people’s perception, as Catalina | |
Smulovitz, director of Political Science and International Relations at | |
the Universidad Torcuato Di Tella in Buenos Aires, Argentina, points | |
out. | |
“A few years ago, corruption as such was not a matter of public | |
attention, so it’s hard to determine if the phenomenon has grown or | |
not,” Smulovitz said. | |
“A study might simply say, ‘Do you think there are many corrupt | |
politicians in your country?’,” she told CNN, “So according to | |
these studies, there are countries with very low corruption rates, but | |
not because it doesn’t exist, but because people don’t see it as a | |
problem.” | |
There’s another factor to consider too: the increasing reliance on | |
“lawfare” by political rivals who try to silence their opponents by | |
leveling baseless allegations against them. | |
“It’s not that corruption doesn’t exist or shouldn’t be | |
punished, but you can’t ignore the fact that complaints are also used | |
to silence political opponents,” Smulovitz said. | |
Still, she also cautions that it has become common for public officials | |
to try to avoid scrutiny by claiming lawfare is being used against them | |
– and that this could lead to a boy-who-cried-wolf situation by | |
undermining trust in the legal system | |
“If every time there’s oversight someone cries lawfare, then all | |
forms of oversight could be seen as irregular or unjustified,” she | |
said. | |
In such a scenario, Latin American leaders might run into fewer legal | |
problems, but it would hardly be a healthy development for the | |
countries themselves. | |
As Arellano noted, “oversight of public resources is part of the | |
design of Western liberal democracy.” | |
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