Erap loses out in political power play

This is just to set down a few more thoughts on the pardon in response to conversations over the last few days.

Erap was guilty of criminal acts, but that’s not why he ended up in the dock. He was deposed, tried, and convicted as much for his criminal stupidity as for his plunder.

As Erap’s supporters have said repeatedly over the last seven years “why just Erap?” I think that is a reasonable question. Erap's crimes were probably no worse than those committed under the present administration, but he lost out in a political power play. The fact that he had been so careless, decadent, and profligate was a convenient way of justifying his ouster but I don’t think it was the main reason he went.

If Erap had spent less time boozing and more time building his coalition, he would have sailed through to 2004 without any bother. As it was, being a typical mummy’s boy and surrounded by sycophants in the palace, almost to the end he was convinced everyone loved him. He paid for that complacency for the next seven years.

Sure, the pardon is “transactional politics” as the PCIJ says, but what did people expect? Since it seems to me that Erap’s trial was primarily political, it doesn’t surprise me that the resolution was political too.

The whole process is perfectly captured in today’s Inquirer front page: “Erap bows before GMA power”. That’s just a beautiful piece of headline writing.

The trial of Saddam seems relevant here. Sure Saddam was an evil man who committed many terrible acts, but is that why he went to the gallows? No, he was executed because he bowed before Bush’s power. It is the same with Milosovic: he was tried at the Hague because he lost the war, not just because of his undoubted war crimes.

In its treatment of the plunder committed by former president Estrada, the Philippines has done far more than most countries to prosecute a former leader. Look at Tony Blair! While he is waltzing around with his smug smile, giving speeches here, signing book deals there, a whole country lies in ruins because of an unnecessary and unjust war prosecuted by him. Now that's something to gag about. Helmut Kohl, Francois Mitterand, Richard Nixon, these are all former leaders who were almost certainly guilty of criminal acts, yet the hand of justice came nowhere near them.

At least we can say that Erap paid for his sins. Not as much as much as he should have done perhaps, but he paid.

Comments

[Leon]

But then again...

[Carla]

I disagree with you on this, torn. Pardoning Erap devalues the legal and judicial systems in the Philippines and makes it impossible to fight against corruption in government.

It is true world leaders like Bush will never go to jail but that doesn't mean that thieves like Erap shouldn't. You are right to say that guilt is assigned through political means--Erap went to jail because he was ousted through EDSA 2. However, the trial itself cannot be construed as purely political. Legal evidence against him is overwhelming. The prosecutors and lawyers who worked on that trial spent several years of their lives compiling it and resisting pressure from the Palace and other interest groups. Say what you like about the Ombudsman but there are some very honest and very competent people who work there (including my father when he was alive). If convicted felons are just going to be pardoned after years of painstaking grunt work, heroic integrity and bravery in the face of death threats, we might as well abolish the Ombudsman and give up on the fight against corruption. Or pardon everyone. If plunder is forgiveable, after all, why should clerks who have stolen a few thousand pesos go to jail?

[torn]

Carla -- I completely agree with all that, I just don't think it describes the world we live in. The rich and powerful are always above the law (though as you say we should always fight that). The best we can hope for is that some measure of justice is served on them, whether that is convicted perjurer Jeffrey Archer relaxing in a British "open prison" or plunderer Erap having his freedom curtailed for six and a half. It's not enough, but at least it is something.