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Judicial ReEngineering

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A corrupt dictatorship typically results in many years of general hardship and suffering for the<br />

vast majority of citizens as civil society and the rule of law disintegrate. In addition, corrupt<br />

dictators routinely ignore economic and social problems in their quest to amass ever more wealth<br />

and power.<br />

The classic case of a corrupt, exploitive dictator often given is the regime of Marshal Mobutu<br />

Sese Seko, who ruled the Democratic Republic of the Congo (which he renamed Zaire) from<br />

1965 to 1997. It is said that usage of the term kleptocracy gained popularity largely in response<br />

to a need to accurately describe Mobutu's regime. Another classic case is Nigeria, especially<br />

under the rule of General Sani Abacha who was de facto president of Nigeria from 1993 until his<br />

death in 1998. He is reputed to have stolen some US$3–4 billion. He and his relatives are often<br />

mentioned in Nigerian 419 letter scams claiming to offer vast fortunes for "help" in laundering<br />

his stolen "fortunes", which in reality turn out not to exist. More than $400 billion was stolen<br />

from the treasury by Nigeria's leaders between 1960 and 1999.<br />

More recently, articles in various financial periodicals, most notably Forbes magazine, have<br />

pointed to Fidel Castro, General Secretary of the Republic of Cuba since 1959, of likely being<br />

the beneficiary of up to $900 million, based on "his control" of state-owned companies.<br />

Opponents of his regime claim that he has used money amassed through weapons sales,<br />

narcotics, international loans, and confiscation of private property to enrich himself and his<br />

political cronies who hold his dictatorship together, and that the $900 million published by<br />

Forbes is merely a portion of his assets, although that needs to be proven.<br />

Opposition and Measurement<br />

Mobile telecommunications and radio broadcasting help to fight corruption, especially in<br />

developing regions like Africa, where other forms of communications are limited. In India, the<br />

anti-corruption bureau fights against corruption, and a new ombudsman bill called Jan Lokpal<br />

Bill is being prepared.<br />

In the 1990s, initiatives were taken at an international level (in particular by the European<br />

Community, the Council of Europe, the OECD) to put a ban on corruption: in 1996, the<br />

Committee of Ministers of the Council of Europe, for instance, adopted a comprehensive<br />

Program of Action against Corruption and, subsequently, issued a series of anti-corruption<br />

standard-setting instruments:<br />

the Criminal Law Convention on Corruption (ETS 173);<br />

the Civil Law Convention on Corruption (ETS 174);<br />

the Additional Protocol to the Criminal Law Convention on Corruption (ETS 191);<br />

the Twenty Guiding Principles for the Fight against Corruption (Resolution (97) 24);<br />

the Recommendation on Codes of Conduct for Public Officials (Recommendation No. R<br />

(2000) 10);<br />

the Recommendation on Common Rules against Corruption in the Funding of Political<br />

Parties and Electoral Campaigns (Rec(2003)4)<br />

Page 87 of 115

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