The
cautions about Aleman and the loss of his privileges
Everything seemed
to indicate that the process of taking away the political privileges of the
former President of Nicaragua, Arnoldo Alemán, would reach the end of the
year without a definitive resolution. For quite a long period of time, the
former president (who is now an ex-senator also) would be far from the hands
of justice because of a series of “obstacles” (the “timely” escape of the
congressman whose vote was necessary to annul Aleman’s political privileges)
and because of the pressures of his followers, who did everything they could
to protect him.
However, the loss of his political privileges was approved with 47 votes on
December 12th. Right away, Aleman was arrested, and he is expected to
respond for the illegal acts in which he was involved.
The never-ending legislative approval of the loss of his privileges took
place because, for the first time in many years, the different parliamentary
fractions –Sandinistas, Conservatives, and some Liberals (the political
heirs of Somoza and Aleman)- were able to agree about a national affair.
It was difficult to come to an agreement that became a key element to attack
corruption, just like President Bolaños promised. Aleman’s followers
threatened the process. They even spoke about a “blood bath” if the former
President was accused. The fraction of the Constitutional Liberal Party (PLC,
in Spanish), headed by Aleman, wanted to edit once again the discredited
“governance pacts” with the opposition in order to take some oxygen and gain
some time.
The pressure of the citizenry played an important role. They went out to the
streets demanding a trial for Aleman and the intervention of the United
State’s government. These were two key factors that supported the Bolaños
regime throughout the legal prosecution of the former president.
It could be said that Aleman was so sure of his power, that he believed that
he was able to deal with all of the factors that were against him. That
might be why he did not choose to go away as his family and some of his
close collaborators did, who were also connected with a fraud that involved
millions of dollars. Aleman felt that he was the strong man of Nicaragua,
since he did not take the precautions that his family did.
We are watching the downfall of a character who held a considerable amount
of power, even when he was not in a public position. He counted with enough
political and economic power to have a continuous public influence.
You can still breathe euphoria and satisfaction in the streets of Nicaragua
because of what happened. Without a doubt, this is a victory in the fight
against corruption. However, we do not want to get carried away with
predictions. These are quite a few reasons to stop and think.
Aleman is, because of the importance of the position he occupied and the
scandal he created, just one of the leading figures of the corruption at the
Nicaraguan State. It is only fair that he goes to trial; however, that will
not be enough to dismantle the structure that supports the corruption at the
Nicaraguan State.
We would have to turn the pieces of this puzzle around and think about one
thing: it is necessary to know more about corruption, specially about those
acts in which Aleman’s collaborators are implicated. We are not assuming
that those accusations are true, but it is necessary to suspect and find a
coherent answer.
Many of those who are the accusers were close to the power sources while
Aleman “collected” his capital, as he took the state’s funds. It is only
logical to suspect that these characters, who occupied high positions at the
administration of Aleman, were definitively aware about what the former
president was doing. It seems odd how those officials revealed the
accusations against Aleman during the elections or when they took their new
position at the administration of Bolaños. Why did not they do that when
they worked with Aleman? Even if they were not involved in that case, they
did contribute to it with their silence.
Those who also helped, from their positions, with the “governance pacts”, to
grant a certain stability to Aleman’s regime, should also be questioned.
This part of the opposition, at the same time, has not responded about the
illegal acts that many of their members were involved in when they were part
of the administration. Now they try to hide those dark pacts using a radical
political discourse now that Aleman has lost all of the credibility he had
left.
The recent history does not allow us to get too enthusiastic about this
matter. The elites that have administrated Central America –probably with
the exception of Costa Rica- have become the depredators of the public
spaces, and they have not responded to the people for their acts; they have
never paid for their abuse at a tribunal. This has easily happened and keeps
happening to this day, when the incipient democratic institutions have
arranged a trial against those responsible for the violation of the human
rights (as it has recently happened with the Guatemalan military officials)
and the illegal acts. The end of an absolute impunity is a positive signal,
but is cannot be forgotten that the democratic institutions do not count
with enough power to make the necessary corrective measures effective.
All of this happens because the elites –financial, political, and military
ones- have not only a considerable degree of influence on the public
decisions, but they also hold a considerable amount of the “real power”.
This means that, despite that our elites are no longer military republican
oligarchies, these sectors keep having a considerable degree of influence on
the most important national decisions.
The “real” power of these elites has not completely disappeared. However,
that is not an obstacle to acknowledge the end of the military era of our
societies and the democratic achievements in the public life. These
accomplishments have to stay close to the social and the political duties,
otherwise they will become plain democratic excrescencies in an
authoritarian body.
The most evident example has taken place in El Salvador: the acquittal of a
number of high rank officials –some of them have leading positions inside
the official party- who committed a fraud with the funds of the Banco de
Fomento Agropecuario (The Agricultural Encouragement Bank; BFA, in Spanish).
We can also mention the forgiveness that, one by one, those involved in the
INSEPRO-FINSEPRO fraud obtained. They were protected by the lineage of their
last names and also by the political and the economic power that those last
names bring along. And these are only the cases that have been made public.
There are more crimes that have not been legally resolved.
A few years ago, the arrest of those involved in the INSEPRO-FINSEPRO fraud
was considered a victory. And it was only logical to think so, because no
one had ever seen a member of the national elite behind bars. However, the
juridical system, vulnerable to the pressure that this elite makes, threw
away an opportunity to hit corruption by releasing those involved in the
fraud.
It is important to consider that those affected with the INSEPRO-FINSEPRO
fraud were not precisely poor people who, given their social and their
economic status, would lose a judicial battle against someone “with a last
name”. They were middle and high class individuals, and they fell for the
trap of the false investment company. They reacted quickly and
systematically when they realized about the fraud. However, this was not
enough to keep the swindlers in jail. It seems odd that those affected by
the fraud did not react to the legal decisions.
We have considered all of the former ideas because it is probable that
something similar happens with the Aleman case. This is precisely the danger
of a democratic legality when it does not react with the facts. A president
or a corrupt millionaire can have a trial, but if such trial grants him his
freedom –regardless of the evidences against him-, democracy becomes a joke.
Besides from those who are acquitted, the only ones who are beneficiated
with this sort of events are those who legitimate their authoritarian
actions using the democratic façade that the trials and the elections can
bring. In the long term, these procedures are not effective enough to attack
the structural injustice.
Is it that we have to be content with the good will of the judges of Aleman
to discard the idea of a mockery? The citizenry can only hold on to its own
efforts. The citizenry cannot rely on the good will of the judicial system,
the politicians, or the foreign powers. The Nicaraguan society has to keep
using its organization power so that this triumph does not become a passing
euphoria. This triumph should become a first step to defend a true democracy,
free of corrupt politicians.
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