Amnesty International denounces six years of obstacles in the Pegasus investigation

Amnesty International Catalonia has presented a new investigation that analyzes how the espionage of activists, journalists, politicians and lawyers carried out between 2017 and 2020 continues unpunished. The organization concludes that the action of the Public Prosecutor's Office in the ten cases linked to the Catalan independence movement is characterized by inaction , obstruction and the revictimization of the people affected. The victims report helplessness and anguish, asking themselves "what have they done with my data?".

The report warns that the use of spyware such as Pegasus or Candiru violates fundamental rights such as privacy , freedom of expression , the right to association and the right to defense . For this reason, Amnesty calls on the State Attorney General's Office to endorse its role in the proceedings, to stop siding with the State or the Israeli company NSO Group , and to support the necessary proceedings to determine the nature of the facts and the people responsible.

The organization also demands that the Spanish authorities ban the use, purchase or transfer of these spying tools, as well as reform the Official Secrets Law and the CNI regulations , which currently hinder the investigation of possible human rights violations. It also calls for collaboration with the Pega Committee , the United Nations Human Rights Committee and the Council of Europe .

According to Virginia Álvarez , researcher at Amnesty International Spain, "it has been analyzed how the victims of this alleged espionage have been subjected to an endless cycle of obstacles for six years to obtain aid and protection in the investigation of these events by the Public Prosecutor's Office. This only leads to the fact that the victims feel that they will never achieve the truth, justice and reparation to which they are entitled."

The report points to various levels of secrecy that hinder investigations, especially the lack of access to classified information. Álvarez warns that “without these urgent legal changes, which impose safeguards against human rights violations and increase judicial control, these acts of espionage may once again occur with total impunity.”

Amnesty also denounces obstacles imposed by the Public Prosecutor's Office, such as the difficulty in admitting complaints, opposition to proceedings requested by the prosecution or delays in resolving appeals. The victims have requested letters rogatory and European investigation orders , but the lack of diligence in processing has led to cases being archived. 

"It is a vicious circle that must be broken as soon as possible," says Álvarez.

The organization considers the revictimization that requires victims to hand over their devices for new expert tests to be serious, exposing all their privacy again, despite having provided independent reports. “We are concerned that the Public Prosecutor's Office is interested in victims once again exposing all the information contained in their mobile terminals to the State's security forces and bodies, potential clients of NSO Group. Who would hand over their phone to someone they suspect of spying on them?” laments Álvarez.

Several victims recount their experiences. Elisenda Paluzié , an economist and former president of the ANC, explains that “in the pro-independence activism we already knew that we could be spied on, so we were prepared in some way. But not for this level of intrusiveness.” She also expresses anxiety about the future: “What will they do with my data? What profiles about us has an opaque entity like the CNI built?”

A lawyer specializing in ICT , whose name has been withheld, denounces that "The State is covertly attacking, with this espionage, everything it claims to defend... this cyber weapon violates not only privacy but all the guarantees associated with a fair trial."

Journalist Txell Bonet states that “spying on me was part of a Spanish operation against Òmnium Cultural and against the entire Catalan movement for the right to self-determination... this espionage is a brutal attack on democracy and freedom”.

Finally, Amnesty International urges the authorities to guarantee effective judicial remedies , prompt and thorough investigations, access to information and redress mechanisms. The organization calls for the context of Catalangate to be taken into account , the functioning of Pegasus to be investigated, proceedings to be promoted on the involvement of the CNI and NSO, and for victims to be relieved of the burden of proof.