The Spanish legal system has once again turned its gaze towards Israel, this time in the context of the Pegasus spyware scandal. The country's highest criminal court has suspended its investigation into the Pegasus software, which was used to target the mobile phones of Spanish ministers, including the prime minister. The court cited a persistent lack of cooperation from Israeli authorities, a failure that has undermined the principle of good faith between nations. This decision comes as a setback for the Spanish government's efforts to uncover the truth behind the spyware's use.
The Pegasus scandal erupted in May 2022 when the Spanish government revealed that the phones of Prime Minister Pedro Sánchez and Defense Minister Margarita Robles had been infected with the spyware the previous year. According to the NSO Group, the spyware's manufacturer, it is exclusively available to state agencies. The investigation revealed that the phones of the interior and agriculture ministers were also targeted. These revelations led to the dismissal of Spain's spy chief, Paz Esteban, and the admission of shortcomings within the country's national intelligence centre (CNI).
Judge José Luis Calama at the Audiencia Nacional in Madrid announced the suspension of the Pegasus investigation on Thursday, citing the Israeli authorities' failure to respond to requests for information. This lack of cooperation has hindered the court's ability to identify the individuals responsible for the spyware's use. Calama noted that Israel's non-response violates two international legal agreements and disrupts the balance of international cooperation, undermining the principle of good faith between states.
Initially, Calama ended the investigation in July 2023 after receiving information from French authorities about the use of Pegasus to infect the mobile phones of French ministers, MPs, lawyers, and journalists. However, the recent ruling stated that the material from France did not provide new information to identify the individuals who targeted Spanish politicians. The judge expressed frustration over the Israeli authorities' repeated non-response to his inquiries, including a request to take a statement from NSO's chief executive. Without this cooperation, the investigation remains dormant, awaiting new evidence or a potential, unlikely response from the Israeli authorities.
The NSO Group, in a statement to the Guardian, emphasized its stance against the misuse of cyber tools to monitor politicians, dissidents, activists, and journalists. They committed to investigating any misuse and cooperating with governmental inquiries. NSO, as a software provider, does not operate the technology or have access to the collected data, and they implement measures to ensure authorized use.
This Pegasus spyware scandal has raised questions about the ethical use of surveillance technology and the importance of international cooperation in addressing such issues. The Spanish court's decision highlights the challenges in holding perpetrators accountable when faced with a lack of cooperation from foreign entities.
