The National Court’s Criminal Chamber has confirmed that court It is not competent To investigate the complaint presented by five affected by the alleged espionage with the Pegasus software, which they baptized as the Catalangate. The Court has ratified the decision of the Central Court of Instruction number 5, which had Inadmitted to process The complaint for lack of competition.
In a car that advances OKDIARIO, the Second Section of the National Court, chaired by Fernando Andreu And with Javier Mariano Ballesteros as a speaker, he has dismissed the appeal presented by the complainants. Three of them have their domicile in Catalonia.
The complaint, which was directed against Two former General Directors of the Civil Guard and a former director of the National Intelligence Center (CNI)among others, denounced crimes of Discovery and Revelation of Secrets Computer and illegal access to computer systems, in relation to the use of Espía Pegasus and Candiru programs.
The court argues that «the crimes referred to by the complaint They are not contemplated In the list of crimes that is the competence of the National Court », as established The Organic Law of the Judiciary. In addition, remember that «the rules attributed by competition to the National Court must be interpreted restrictively», Following the doctrine of the Supreme Court.
In its resolution, the National Court applies the Ibity principleaccording to which «the crime is considered committed both in the place where the action is developed and in which it occurs the result ». In this sense, it emphasizes that it has not been proven “with the rigor required by restrictive interpretation” that the substantial part of the events has been committed outside of Spain.
The car refers to the fact that there are at least two causes in process In the Courts of Instruction Numbers 29 and 32 of Barcelona, where they are already being investigated supposed similar computer attacks suffered by the former president of the Generalitat and by former deputies of the CUP, causes that “would share with the present media and authors of the facts.”
The resolution also mentions the “Catalan” report, prepared by the Citizen Lab University Group, which documented that at least 65 people In Spain they had been infected or suffered attempts at infection in their electronic devices with the Espía Pegasus and Candiru programs between 2015 and 2021.
Against this Order of the National Court There is no appealas indicated in the resolution itself, so the complainants must present, again, their Complaint before the Territorial Courts competent if they want to continue with criminal action.
The case Catalangate It has generated an important political controversy since it became known in 2022, when the alleged espionages to politicians independence Catalans, lawyers and members of Catalan civil society.
Avocado to files
Judicial sources consulted by OKDIARIO regret that everything that surrounds Pegasus is Apered to the file due to lack of capacity to investigate. The National Court reopened the main procedure recently but without great visions of prospering.
On the one hand, a report was commissioned to the National Cryptological Center, of the CNI, which has not been conclusive. On the other, responses to information requests from the Israeli authorities are expected but the predictable thing is that they are protocol responses that are not of interest. Therefore, the audience also plans to file that cause again.
That case treats the infection of several Pedro Sánchez Mobile and Government members. Reopening was possible thanks to information provided by France, which includes the calls «Commitment indicators »(IOCS), digital footprints that the attack leaves through Pegasus and that reveal patterns similar to those detected in the espionage to senior French leaders.
The infections to the Spanish executive phones occurred In May and June 2021coinciding with The diplomatic crisis with Morocco After the reception in Spain of the Leader of the Polisario Front, Brahim Ghald. According to forensic reports, Sanchez infected and stole 2.6 GB of information. It was also affected to a lesser extent, Margarita Robles.
In any case, the information provided by France is Far from identifying the authorship of the attacksince the espionage scandal in the neighboring country never clarified.
Failed complaint
According to the complainants of the Catalangateespionage would also have been made through the infiltration of malicious programs In their mobiles and computers, allowing access to their communications, files and private data.
The lawyers argued that the competition should fall to the hearing due to The technical complexity of the case, its transnational nature with connections in Israel, Luxembourg and Belgiumand because of the nature of those responsible, who included high positions of state agencies based in Madrid. However, the court says that these arguments are not enough.
Having proved them Fragment the investigation In different courts, which could hinder a global vision of the alleged systematic espionage denounced by those affected. In any case, this resolution Does not come to value the fund of the matter or the veracity of the accusations, just determining which judicial bodies are competent to investigate the facts.
Pegasus software, developed by the Israeli company NSO Grouphas been at the center of various international controversies when it is allegedly used by Governments around the world to spy on political activists, activists and opponents.
In Spain, the Government recognized in 2022 the use of this program for espionage to some independence leadersbut always under judicial authorization and for national security reasons, a justification that has been questioned by those affected.
