The commission of European Parliament that investigates espionage with the pegasus program demands from Spain a investigation “full, fair and effective & rdquor; on all the alleged cases of espionage reported, including the 47 cases of the 65 Catalan separatists in which it remains unclear whether they were targeted by the National Intelligence Center (CNI), which guarantees “adequate access& rdquor; to the judicial orders to the 18 confirmed spies, which involves the investigations to the european police agency (Europol) and address the reform of the CNI. These are some of the recommendations included in the final report that affect the “limited information & rdquor; contributed by Spain, shows concern about the situation in Greece and denounces the serious systemic violations in Poland and Hungary where governments have dismantled independent oversight mechanisms.
The text of recommendations, approved with 30 votes in favor of the large groups in the chamber, 5 against and 2 abstentions, maintains that the Spanish regulatory framework, “in general”, is in line with the requirements of the Treaties although it asks Spain to drive a investigation “full, fair and effective & rdquor; that provides “full clarity & rdquor; about all the alleged cases of espionage uncovered as well as about the use of Pegasus “against the Prime Minister (Pedro Sánchez) and members of the Government& rdquor; and to “present the results in the widest possible way within the margins of the law & rdquor ;.
The document, which will vote in June at the plenary session of the European Parliament and that puts the climax to 14 months of work in which 23 hearings have been held and 215 people have been heard, it also calls on Spain to provide the 18 Catalan separatists spied on under court order adequate access to the authorization issued by the Supreme Court to the CNI and cooperate with the courts to ensure that these people have access to a “real and significant legal remedy”.
CNI reform
They also recommend that judicial investigations be concluded promptly, impartially and thoroughly& rdquor; and allocate “sufficient resources & rdquor; for it. In addition, they urge Spain to start the reform of the legal framework of the CNIas announced by the government at the end of May 2022, although it has not yet presented any proposal, and they raise the involvement of the Europol agency in research to contribute their “technical” knowledge.
In any case, the report states that “Spain has an independent judicial system with sufficient guarantees” although “after the discovery of the two categories of objectives in Spain, there are still some questions that could be resolved with rapid and profound reforms and an effective application& rdquor;, points out the report adopted in parallel by the commission and that, contrary to the recommendations , will not be voted on in plenary session.
Two groups of spies
The two approved documents echo two categories of supposed objectives in Spain. In the first place, the one that affects the President of the Government, Pedro Sanchezand the ministers of defense, interior and other senior officials (the report also mentions the names of the minister Luis Planas and the former minister Arancha González-Laya). The final report maintains that there are “strong indications & rdquor; that the Government of Morocco and that of Rwanda could have spied on European citizens of “high profile& rdquor; including Sánchez, Minister Robles, Minister Grande-Marlaska, and even the leaders of France and Belgium, although the information “has not been confirmed& rdquor ;.
The second group of those affected refers to the people linked to the ‘Catalangate’ mentioned in the report of the CitizenLab. The text mentions 65 people, including Catalan parliamentarians, members of the Catalan independence movement, members of the European Parliament, lawyers, academics and civil society agents, and a total of 18 people spied on under judicial authorization, as admitted by the authorities in May 2022, and for those who ask for legal redress. In relation to the latter, the report includes the refusal of the Spanish authorities to provide information invoking the National security.
National security
“The Spanish Government has given limited information so far about his role in this selection, invoking the need for confidentiality for national security and legal obligations. However, based on a series of indicators, it is assumed that the surveillance of the Catalan objectives was carried out by the Spanish authorities,” says the report approved by them with 30 votes in favor, 3 against and 4 abstentions. .
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A national security that has also been the subject of a tug of war among MEPs. The final document expresses its “concern & rdquor; for the cases in which “national security & rdquor; to justify the deployment and use of spyware and for absolute secrecy and lack of accountability. “The mere reference to national security cannot be interpreted as an unlimited exception to the application of EU law and a clear justification must be required,” they urge that it be an exception and not the rule and that espionage is only allowed under “strict conditions” and for a “limited” time.
“While the fight against serious crime and terrorism and the ability to do so is of vital importance for Member States, the protection of fundamental rights and democracy is essential. The use of spyware by Member States must be proportionate, not arbitrary and surveillance should only be authorized in narrowly predetermined circumstances. In order to protect individual liberties, it is essential to have effective ex ante mechanisms that guarantee judicial supervision. Individual rights cannot be jeopardized by unlimited access to surveillance. Also important is the ability of the judiciary to carry out meaningful and effective ex-post monitoring in the area of national security surveillance requests, to ensure that the disproportionate use of spyware by criminals can be challenged. governments & rdquor ;, points out one of the commitment amendments introduced in the text.