Anticorruption and The Fourth Estate: Lessons from the Vatican “Trial of the Century”

In December 2023, Cardinal Becciu—once considered a leading candidate for the papacy—became one of several defendants sentenced to prison by a Vatican tribunal for financial crimes against the Church. The case, dubbed the Vatican “trial of the century,” is a high-profile example of Pope Francis’ fight against corruption within the Church, one of his top priorities since taking charge. Despite the convictions, the trial embroiled the Vatican in controversy about the fairness of its legal system and the Pope’s allegedly improper involvement in the investigation. There is extensive debate as to whether the Pope’s actions were justified.

What is less open to debate, however, is that international press coverage was highly critical of the Vatican. Major news outlets picked up and ran with defendants’ claims that certain papal actions amounted to “unacceptable abuses” and “invalidated the entire justice of the trial.” For example, the New York Times described the trial as “rais[ing] as many questions about the Vatican’s judicial system, the competence of its officials and the pope’s style of governance as it did about [the] crime.” The Washington Post said the Vatican emerged from the trial “worse for wear, with new questions raised about the effectiveness and fairness of its legal system.” The Associated Press’ (AP) reporting, which is reproduced in publications across the globe, is particularly worth highlighting. In an article titled “The First Outside Legal Analyses of Vatican’s ‘Trial of the Century’ Are In, And They’re Critical,” the AP featured Professor Geraldina Boni’s claims that the Pope’s actions “represented a clear violation of the right to a fair trial,” and raised the prospect of a “violation of divine law to which even the pope is subject.” These and other news articles included rebuttals from Vatican officials, but those rebuttals mostly consisted of conclusory platitudes, such as the claim that the trial was carried out “in full respect of the guarantees for the suspects,” or condemnation of the criticisms as “on the level of international heresy.”

As earlier posts on this blog have highlighted, because public opinion of a government’s anticorruption work is an important factor in whether the work succeeds, public relations is a “crucial tool” in fighting corruption. Negative media coverage is a familiar issue to those in the anticorruption field. Targets of a corruption probe will often do their best to delegitimize it. Common tactics include casting the probe as a politically motivated witch-hunt, or, as here, denouncing the legitimacy of the process as an unfair, abusive violation of human rights. How anticorruption authorities respond to these accusations may play a significant role in the perception and legitimacy of the prosecutions. The consistently negative press coverage of the Vatican’s prosecution of these cases suggests the Vatican made mistakes in its public relations strategy. Is that correct? And if so, what might the explanation be?

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Guest Post: Shifting Anticorruption Messaging from “Crime and Punishment” to “Guardrails for Good Government”

Today’s guest post is from Joe Grady, a co-founder of the Topos Partnership, a firm that specializes in public opinion research:

Public backing is critical to the success of anticorruption reform efforts. Yet communications intended to mobilize the public against corruption often backfire, making audiences less engaged and less confident the problem can be solved. To better understand this problem, the Open Society Foundations recently sponsored an international research effort led by the Topos Partnership to better understand how residents of three countries—the United States, North Macedonia, and Brazil—think about corruption in the public sphere, and how best to engage them in efforts to combat the problem. In each country, ethnographers spoke at length with roughly 150 people, followed by internet surveys testing different kinds of messages.

Not surprisingly, findings across the countries are distinct in various interesting ways. Macedonians, for example, often have a sense that their country lags behind other European countries, and they may also look back nostalgically at the Yugoslav era when things seemed to run more predictably. Brazilians see themselves as being culturally averse to rigid rules and procedures, including those that keep government “honest.” The U.S. public has a strong sense that government is supposed to be by and for the people. But despite these important differences, there are also important similarities across the three countries. Continue reading

Guest Post: Making the Most of “Windows of Opportunity” for Anticorruption Reform

Today’s guest post is from Florencia Guerzovich, María Soledad Gattoni, and Dave Algoso, a team of independent consultants who jointly authored the Open Society Foundation report on Seeing New Opportunities: How Global Actors Can Better Support Anti-Corruption Reformers.

Ukraine after the Maidan Revolution. Malaysia after the 1MDB Scandal. Brazil after Lava Jato.

In each of these countries—and in many other examples—something triggered a shift in the possibilities for anticorruption reform. Pick your favorite metaphor: the stars align, the winds shift, there’s a fork in the road. We use the term “window of opportunity”: a period when heightened attention to an issue like corruption makes anticorruption reforms more likely. When those windows open, reformers both inside and outside of government try to seize the opportunity to make progress, while contending with forces that aim to maintain the status quo or advance an authoritarian or populist response.

Reformers’ approaches shift in these moments, as do their needs. Though success is not guaranteed, the possibility of reform can increase when global support organizations—including foundations, multilaterals, and NGOs—are better able to meet those needs (while also doing no harm). What do reformers most need during these windows of opportunity? And what can global support organizations do to help meet those needs? With the Open Society Foundations (OSF), we undertook research into those questions, with a primary focus on three case studies:

  • In Guatemala, the “Guatemalan spring” that opened following the announcement of corruption investigations into President Otto Pérez Molina and others in 2015, and the subsequent election of Jimmy Morales;
  • In Slovakia, the mobilizations under the “For a Decent Slovakia” banner and reform efforts that followed the murder of investigative journalist Ján Kuciak and his fiancée Martina Kušnírová in 2018;
  • In South Africa, the fight against state capture, which ended Jacob Zuma’s presidency and led to the administration of Cyril Ramaphosa in 2018.

Our findings, presented in a recent OSF report entitled Seeing New Opportunities: How Global Actors Can Better Support Anti-Corruption Reformers, were not always what we’d expected when we started the research. Collectively, our analysis of these case studies and other examples suggests some rethinking in terms of how to best support anticorruption reformers so that they can take maximum advantage of windows of opportunity when they arise. Continue reading

The Importance of Public Relations in the Fight against Corruption

It’s long been recognized that public relations (PR) is a crucial tool in the fight against corruption. (For a recent exposition of that argument on this blog, see here.) This recognition is codified in the United Nations Convention Against Corruption (UNCAC), Article 13 of which requires state parties to “[u]ndertak[e] public information activities that contribute to non-tolerance of corruption, as well as public education programs,” and Article 6 of which calls on state parties to “increase[e] and disseminat[e] knowledge about the prevention of corruption.” Governments fulfill their UNCAC obligations in a variety of ways, and examples of anticorruption public awareness campaigns are as diverse as they are numerous. A famous example of how PR can be used effectively comes from Hong Kong’s Independent Commission Against Corruption, which spends millions of dollars annually on thousands of workshops to educate public employees and private citizens about the effects of corruption and how to combat it. New York City has likewise deployed large-scale educational programming with similar success. In addition to government-run campaigns such as these, multilateral organizations such as the UN Office on Drugs and Crime (UNODC) and NGOs like Transparency International also regularly engage in efforts to raise public awareness around corruption issues (see here, here, here, and here). These campaigns deploy tools as varied as video, music, and drawing to convey their anticorruption messages.

Critics sometimes contend that these PR campaigns consume scarce anticorruption resources that would be better devoted to investigation or enforcement efforts. This criticism is misguided and shortsighted. Of course a badly-designed PR effort can waste resources. Yet effective anticorruption PR helps accomplish several goals that other, “harder” anticorruption measures are incapable or ineffective at achieving on their own:

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Lithuania’s Judicial Scandal Shows Why Public Communication Matters in Corruption Investigations

This past February 20th, the people of Lithuania awoke to the shocking announcement that the country’s anticorruption body, the Special Investigation Service (STT), and the Prosecutor General’s Office had opened an investigation into alleged bribery, trading in influence, and abuse of power in the Lithuanian judiciary. The scope of the investigation is breathtaking. So far 26 people have been arrested, including a Supreme Court Judge, eight other judges, an assistant to a Supreme Court Judge, and multiple lawyers. The scale of the allegations dominated media coverage in Lithuania and was picked up by news outlets around the world (see, for example, here, here and here). But this was not the only reason that news of this investigation may have come as a shock to many Lithuanians. Before this story broke, it looked like the ongoing efforts to increase Lithuanian citizens’ trust in their courts had finally started to bear fruit. In 2017, for the first time since polling on the issue began in 1996, more Lithuanians trusted than distrusted their judiciary. This increase in trust was due to several factors. It likely helped that the President, Dalia Grybauskaite, made judicial transparency, openness, and efficiency top priorities during her tenure. The judiciary has also worked to reform itself and together these reforms brought a lot of changes, for example by reforming the judicial selection process, introducing rotation of court leadership, increasing openness, introducing an automated system for assigning cases to judges, and a number of other procedural changes. The Council of Judges—a judicial self-governance body—has also promulgated a Courts Anticorruption Program, pursuant to which individual courts (including the Supreme Court) adopt their own concrete anticorruption plans. On top of this, the National Courts Administration (NCA) (the external administrative institution that serves the judiciary and judicial self-government bodies) has worked on increasing communication about the work of the courts by trying to reach out to the explain how the judiciary works, and also encouraging judges to issue explanations about their decisions.

What many now fear, with good reason, is that that the new corruption case will cause the public confidence in the judiciary to collapse. This worry is exacerbated by political dynamics: with elections coming up, many politicians jumped on the bandwagon of attacking corruption in the courts and declaring the need for more reforms—though often without offering any specifics, and sometimes seemingly having no clear understanding of how exactly the judiciary works.

The unfolding drama over judicial corruption in Lithuania highlights the importance of communication between government institutions and the general public—both by the institution under investigation (in this case the judiciary), and by the institutions doing the investigating (in this case the STT and the Prosecutor General). It may seem odd to focus on public relations strategy when the underlying substantive allegations are so serious. But while no one could sensibly claim that better communication is a replacement for, or more important than, substantive action, it would be a serious mistake to underestimate the importance of public communication in a case like this.

Consider each of the dimensions of public communication noted previously—by the courts and by the investigators: Continue reading