Arrest of Wickremesinghe, democracy and Rule of Law: Upholding accountability

Democracy is often hailed as a system of government where the rule of law prevails over the rule of individuals.

- BY BRIGADIER RANJAN DE SILVA

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