The suicide of Alan García: a zoom on Peruvian justice – 23/04/2019

Investigations into the international corruption of the Brazilian company Odebrecht have affected several countries in Latin America and Africa, but it was in Peru that they led to the collapse of their political group.

All presidents elected after the end of fujimorismo (Toledo, García, Humala and Kuczynski) and even the protagonist of the last two presidential polls (Keiko Fujimori) are prosecuted for money laundering. The events became tragic last week, when Alan Garcia chose to commit suicide to comply with a pre-trial warrant.

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How do you explain this apparent and sudden strength of Peruvian justice, capable of pursuing "big shots" that, in other countries of the region, would be impossible? First, we are facing a society without parties. The party that won the last elections (Peruvians for Kambio) exploded into particles. The one who became a historic majority in Congress (Fuerza Popular) is without direction after the imprisonment of his leader (Keiko Fujimori) and his historical leader (Alberto Fujimori). The left, divided as usual, and the APRA, tiny and discredited. A list of organizations languishing in front of a society that is not reflected in them.

In the absence of parties that control the fate of state powers, public opinion remains the only theater of political disputes. President Martin Vizcarra, substitute of Kuczynski and orphan of any political capital, found in the anti-corruption story an instrument of accumulation. Almost a stranger, the prestige of the corrupt establishment was not enough. On this basis, he resorted to a risky strategy: to polarize against "aprofujimorism".

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That is, forming a tacit coalition with the anti-apristas and anti-Fujimoristas sectors, relevant as policy makers and articulators of civil society. Recall that these "antis" are the most ingrained political identities and had just won the 2016 elections. Faced with the Congress (dominated by Fujimori) with the speech on the fight against corruption, the expected results were obtained. The popularity of Vizcarra has exceeded 50% on average; unprecedented proportion for the meager Peruvian standards.

This constitutes a politically profitable anti-corruption impulse for the coalition of vizcarristas and "antis". But above all, a time of legitimation for the operators of justice. Prosecutors and magistrates had two options: to continue on the rhythms of an anonymous, bureaucratic and servile administration of justice in the service of party interests or to break with this synergy by using precautionary measures to put politicians and businessmen in prison, even though they were not convicted.

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They decided to fail by excess, leaving aside the presumption of innocence and dismissing the intermediate measures. Thus, on the basis of requests for preventive and preliminary detention – which can lock up a citizen up to 36 months without trouble – the popular anxiety is calming down.

Perhaps, for the first time, the Peruvian people enjoy the feeling of justice; one who vibrates in the severity and acceleration of procedures. Media justice – with a large influence of non-governmental activists – that had already been pronounced. Paradoxically, Peruvian justice stops responding to political interests but does not become autonomous.

On the contrary, it is subordinated to the moods of public opinion. It falls under the veil of another type of addiction, more prone to populism than to institutional strengthening.