Democracy is often hailed as a system of government where the rule of law prevails over the rule of individuals. One of its most defining features is the principle that no one is above the law – not even the highest executive authority.In recent decades, several democratic countries have demonstrated this commitment by arresting or prosecuting former heads of state for crimes ranging from corruption to abuse of power. These cases, while politically charged, underscore the resilience of democratic institutions and the importance of legal accountability.
In democratic societies, the rule of law is foundational. It ensures that laws apply equally to all citizens, including presidents and prime ministers. This principle is not merely theoretical – it has been tested and proven in various high profile cases where former leaders were investigated, charged and even imprisoned. However, in some countries like Sri Lanka, law enforcing agencies face a formidable challenge when required to apply these laws against privileged individuals. This drama is now being enacted with the arrest of Ranil Wickremasighe a former president for misusing state resources.
Some notable cases:-
Brazil –
Luiz Inacio Lula da Silva 2003 – 2011. 2023 – Present
Lula was convicted of corruption and money laundering in connection with the Operation Car Wash investigation. Although his conviction was later annulled, the case remains a powerful example of judicial scrutiny in a major democracy.
France –
Jacques Chirac – President 1995 to 2007
Chirac faced corruption charges related to his time as mayor of Paris. Specifically, he and several associates were accused of awarding contracts for nonexistent city government jobs to political allies and using city funds to compensate members of the RPR political party. In December 2011, Chirac was convicted of misusing public funds and abusing public trust, receiving a two year suspended sentence.
Nicolas Sarkozy – 2007-2012
The former French president was convicted in two separate cases related to campaign financing and corruption. He received a prison sentence, although parts of it were suspended.
India
Indira Gandhi – Prime Minister 1966 – 1977. 1980 – 1984
Indira Gandhi was found guilty of dishonest election practices, excessive election expenditure and using government machinery and officials for party purposes. In 1979 the court stripped her of her parliamentary seat and banned her from running for any office for six years
Israel
Ehud Olmert Prime Minister 2006 – 2009
Olmert faced high profile corruption allegations including claims of accepting large sums of money from an American businessman before his time as prime minister. Despite arguing the contributions were for his election campaign, he pledged to step down if he was charged. In 2008, he resigned, but remained leader of an interim government. In August 2009, he was formally indicted on three counts of corruption. While acquitted on the central charges in July 2012, he was found guilty of breach of trust and received a suspended one year prison sentence in September 2012.
In January 2012, Olmert was further indicted for allegedly taking bribes related to construction projects during his time as mayor of Jerusalem. Convicted in 2014, he was sentenced to six years in prison, later reduced to eighteen (18) months. He was released on parole in 2017 after serving sixteen months.
Benjamin Netanyahu – 1996-1999.2009-2021. 2022-present
Nethanyahu’s fourth term was marked by investigations into bribery and corruption allegations involving him and his inner circle. In February 2018, Israeli police suggested bribery and fraud charges in two cases. One case involved trading political favours for gifts like cigars and champagne (emphasis added) The other case involved seeking favourable coverage from a newspaper in exchange for undermining a rival paper.(emphasis added) In December, charges were recommended against Nethanyahu in a fourth case alleging he advanced regulatory policies for a telecommunication company in exchange for positive media coverage. In February the attorney general announced he would pursue the recommended charges against Nethanyahu for bribery, fraud and breach of trust, subject to a hearing.
In 2017, during an investigation into corruption allegations, Nethanyahu remarked that he is proud to be the prime minister of a country where the rule of law applies to everyone including the prime minister. The statement underscored the strength of Israel’s legal and judicial systems which can hold even the highest officials accountable.
Sri Lanka
Ranil Wickremasinghe – Former President and Prime Minister arrested for alleged misuse of State funds for a foreign trip. Ongoing.
South Korea –
Park Geun-hye. 2013-2017 Removed from office.
The former president was sentenced to twenty-four (24) years in prison for corruption and abuse of power. Her conviction followed a massive scandal involving influence – peddling and bribery, (emphasis added) which sparked nationwide protests and led to her impeachment.
Chun Doo-Hwan – President 1980 – 1988
Roh Tae Woo – 1988 -1993
Both Chun and Roh were found guilty in August 1996 of accepting bribes during their presidencies as well as for their involvement in the 1979 coup and the suppression of protestors in Gwangju in 1980.
Taiwan –
Chen Shui –bian 2000-2008
After leaving office, Chen was convicted of bribery and sentenced to life imprisonment. His case was a landmark moment for Taiwan’s judiciary, demonstrating its independence and resolve.
United States –
Donald Trump
In 2024, Trump became the first former US president to be convicted of felony, found guilty of thirty four (34) counts related to falsifying business records. The case sparked an intense political debate but also highlighted judiciary’s willingness to act independently.
While these cases affirm the strength of democratic institutions, they also reveal the following complexities involved in prosecuting former leaders:-
* Political Polarisation :- Legal proceedings against former heads of state often deepen political divides, with supporters viewing them as persecution and opponents as justice. This tendency is very visible in Sri Lanka, India and even in the US, the temple of democracy; but not so much un the UK. This is one of the fundamental issues the framers of the new constitution should take into account and rectify.
* Judicial Independence :- The credibility of such prosecutions hinges on the impartiality of the judiciary. Any hint of political motivation can undermine public trust. Public confidence in Sri Lanka’s judiciary which had reached its nadir has shown a remarkable recovery after the installation of the JVP/NPP government in September/November 2024.
* International implications :- Arrests and trials of former leaders can affect diplomatic relations and global perceptions of a country’s stability. While political instability has been a major reason for the country’s inability to attract direct foreign investments from the days when Sir John Kotalawala was the Prime Minister in the 1950s despite its much hyped strategic location in the Indian Ocean, the arrest of a former president will deliver a powerful message to the world to show the new government’s determination to enforce accountability.
The arrest and prosecution of executive heads of state in democratic countries serve as powerful reminders that democracy is not merely about elections – it is about accountability. These cases, though rare and often controversial, reinforce the idea that leadership comes with responsibility; and that even the most powerful must answer to the law. As democracies continue to evolve , the rule f law remains their most vital safeguard against tyranny and corruption.