Between 2017 and 2022, more than sixty politicians, lawyers, journalists and people from civil society related to the Catalan independence movement were spied on with Pegasus, an espionage program of the Israeli firm NSO Group. Among those spied on were former presidents Pere Aragonès, Joaquim Torra, Carles Puigdemont and Artur Mas. Espionage authorized by the National Intelligence Center (CNI)as recognized in the Supreme Court. Now, and for the first time, a international research gives names and surnames to those responsible for Pegasus and its distribution in Europe.
This is an investigation promoted by the center for the defense of human rights Irídia and other organizations such as the Observatory of Human Rights and Business in the Mediterranean (ODHE) and Amnesty International. The expert report points to three charges specific details of the Israeli company that owns the software, NSO Groupwith subsidiaries in Luxembourgwho would be the main people responsible for this supposedly illegal espionage and not protected by Spanish legislation.
It is about Shalev Huliofounder of the parent company NSO in 2010, current CEO and director of two Luxembourg subsidiaries since 2019; Omri Laviealso founder and director of a Luxembourg subsidiary; and Yuval Somekhdirector of one of the subsidiaries between 2016 and 2020 and of another subsidiary between 2019 and 2020.
An extension of the complaint
The investigation reveals that these three would be responsible for the illegal espionage on the phone Andreu Van den Eyndethe lawyer of the former president of ERC, Oriol Junqueras, and the former councilors Raül Romeva and Ruben Wagensberg for the cause of 1-O. In this sense, Irídia, on behalf of Van den Eynde, has presented a extension of complaint in the Barcelona court that has been investigating the case for about two years. The entity provides the expert report that points against these three directors and asks the court to claim Luxembourg for its collaboration and declaration by videoconference.
On the other hand, the organizations demand that the European Union assume the conclusions of the commission of the European Parliament about this espionage and legislate to prevent abuses. Furthermore, they want the Pegasus software to be banned, considering that its use is totally incompatible with respect for fundamental rights. Thus, they ensure that the spyware does not discern what type of information is extracted from infected mobile devices and, therefore, it is impossible to limit its invasive capacityas required in any interference with fundamental rights.
Anais Franquesadirector of Irídia, explained that any person investigated by a court, even if their communications are intercepted, has more rights than a person spied on with Pegasus. Thus, remember that when the police intercept a mobile phone’s communications, they can later know what was obtained and for how long. Furthermore, it can be challenged. However, with Pegasus this information has been impossible to obtain until now.
Celia Carbonellalso from Irídia, recalled that some studies suggest that Pegasus could have been used in 70 states and against 50,000 people. In Spain, they are not sure that only the CNI has it, but in several judicial summaries against the Catalan independence movement there are indications that the National Police or the Civil Guard could also have had access to them.
Irídia will put this expert report at the service of other judicialized espionage cases and has warned that it will not stop, and that it will reach the international judicial bodiesif necessary, to stop these practices.
A documentary on HBO
Coinciding with Irídia’s announcement, the first trailer for the documentary by HBO Max Surveilled, on the NSO Group cyberespionage revealed by the journalist from The New Yorker Ronan Farrow. The documentary, which also addresses cyberespionage with Pegasus against Catalan independentists, can be seen starting November 20.
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