IDEALS

BUENOS AIRES, (Sep. 16, 2009) IPS/GIN – While the popularity of
the Argentine government of President Cristina Fern¿¿ndez is waning,
allegations of corruption against public officials have mushroomed.

A public opinion poll conducted this month by the private
consultancy firm Management & Fit found that 71.4 percent of
respondents were “dissatisfied with the performance” of the
Fern¿¿ndez administration, which is nearing the end of its second
year. And according to a survey by Poliarqu¿1¿a Consultores, 53
percent of respondents view Fern¿¿ndez in a negative light, 12
points up from February, while only 23 percent hold a positive
image of the president.

Against this backdrop of diminishing popularity, corruption
allegations against government officials have escalated and
prosecutions brought during the administration of N¿)¿stor Kirchner
(2003-2007), Fern¿¿ndez’s husband and predecessor, have picked up
speed.

One of the most sensitive issues under investigation is the
significant growth in the wealth of Fern¿¿ndez and Kirchner, even
as the president claims that few personal financial disclosure
statements are more transparent than hers.

The couple declared this year that they are worth some 12.8 million
dollars – a 158 percent increase from last year and a 572 percent
rise from 2003, when Kirchner took office.

Two judges had initiated proceedings to investigate the couple’s
asset growth, but quickly dropped them. Now it appears that a third
judge, Norberto Oyarbide, will be resuming the investigation.

“It’s not unusual for this to happen,” said Garrido, a former
administrative investigations prosecutor who resigned in 2008
because he considered the State enjoyed “almost complete impunity”
in corruption-related crimes.

“Legal proceedings against government officials pick up when
there’s a change in government. This is because some sectors of the
federal justice system are politicised and complainants detect a
weakness in the government,” Garrido, currently head of the
transparency and justice programme of the non-governmental Centre
for the Implementation of Public Policies Promoting Equity and
Growth (CIPPEC), told IPS.

Fern¿¿ndez’s presidency is seen by everyone, including herself, as
a continuation of her husband’s, and many Kirchner administration
officials have in fact been kept on by his successor.

More than 50 officials and former officials from the two
administrations are currently under suspicion for illicit
enrichment, irregularities in the awarding of public work
contracts, bribes and arbitrary allocation of official advertising,
among other charges.

One of the cases opened during the Kirchner administration is an
investigation into alleged payment of bribes by the Swedish company
Skanska to Planning Ministry officials. Judicial authorities
announced this year that they will launch a legal inquiry against
Julio De Vido, who continues to head the ministry.

Enrique Albistur, media secretary under both Kirchner and
Fern¿
¿ndez, is under investigation for allegedly granting official
publicity funds to companies owned by his family. Alistur has
already been called in for questioning.

Meanwhile, former economy minister Felisa Micelli is expected to
go to trial soon. In 2007, the then minister stepped down from her
post when the police found a substantial amount of cash in her
office, which she failed to account for adequately.

“People are reluctant to report such things because they fear
reprisal and feel much safer when the suspect is in a weak
position,” Garrido said. According to the former prosecutor, this
phenomenon is not unique to Argentina. “Judicial systems tend to
be weak in the face of strong executive branches, and in Argentina
the office of the president is particularly strong, so the courts
generally proceed with caution.”

For Cecilia V¿¿zquez, a lawyer who heads the litigation division of
the non-governmental Centre for the Investigation and Prevention
of Economic Crimes (CIPCE), the legal actions brought against
former president Carlos Menem (1989-1999) and his associates are
a clear example of this.

A number of cases were filed against the Menem administration, but
the proceedings only gained momentum after he completed his second
term.

One of the most serious charges – his alleged involvement in
illegal sales of weapons to Croatia and Ecuador in the 1990s when
the two countries were engaged in wars – landed him briefly under
house arrest.

He also faced legal action in connection with many other
irregularities, including malicious omission of assets,
falsification of public documents, fraud against the State, and
illicit enrichment.

One of these cases implicated a former high-profile cabinet member
of the Menem administration, Mar¿1¿a Julia Alsogaray, who served
first as government-appointed administrator in public companies
privatised through controversial tenders, and later as environment
secretary.

Alsogaray spent almost two years behind bars on charges of
embezzlement and mismanagement of government funds. At present, she
is still facing trial and one of her most valuable assets – her home – will be auctioned off to pay the damages. “This will be the
first case in which assets are seized” to recover money obtained
through corruption, V¿¿zquez told IPS.

CIPCE pushed for the court to rule for the recovery of ill-gotten
assets in Alsogaray’s case. The NGO requested that the proceeds
from the sale of her house go to a specialised children’s hospital,
but, as there is no precedent, the courts have not yet determined
what the funds will be used for.

“When government officials step down, proceedings move forward,”
V¿¿zquez said. He underlined the importance of the creation of an
Anti Corruption Office and the implementation of the provisions of
a number of international anti-corruption conventions, such as the
Organisation of American States (OAS) 1996 Inter-American
Convention against Corruption (IACAC).

Changes are achieved with these incorporations, even if they are
minimal, she said. “While the government is in power, charges that
were formerly thrown out of court are admitted, but the process is
slow, and no one is summoned for questioning, although
investigations are conducted,” she said. This is evident in the
case of former transport secretary Ricardo Jaime.

Jaime, a Kirchner administration official, remained in his post
even though he faced numerous charges for overpricing in tenders
and illicit enrichment. This year the investigation against him was
stepped up and he was forced to resign when it was found that,
among other assets, he owned a private airplane.