Judge José Luis Calama has refused to investigate the complaint by the Catalan president Pere Aragonès against the former director of the CNI Paz Esteban for alleged espionage with Pegasus, considering that it has no connection with the investigation that he has opened for access to the president's mobile phones with that same tool of the Government, Pedro Sánchez, and four ministers.
For this reason, the head of the Central Court of Instruction number 4 has sent it for distribution and now it has fallen to his partner Ismael Moreno, who is waiting for the translation of some documents before deciding whether to admit it for processing, according to legal sources cited by EFE.
This complaint reached the National Court after the head of the trial court number 29 of Barcelona, who considered this court competent because the Catalan president is a high institution of the State, contrary to what was defended by the lawyer from Aragonès, who He wanted the case to continue in an ordinary court.
This is the only complaint for espionage with Pegasus presented in the courts of Barcelona that has ended up in the hands of the National Court, after the Prosecutor's Office requested it.
In its petition, the public ministry argued that the National Court is the competent body to investigate the attacks on Aragonès' cell phone, given that due to his status as Vice President of the Government, when he was spied on, he deserves the special protection that the National Court grants to the high state institutions.
For the Barcelona judge, "the government of the Generalitat de Catalunya, the members that form part of it, as well as the legislative assembly of the autonomous community are considered State institutions by our legal system", so they must enjoy the " protection that the Penal Code provides to these high-ranking bodies of the nation".
In addition, the judge argues that Aragonès himself points out in his complaint the "political purpose" that the attacks with Pegasus would have on his mobile phone, which in his opinion justifies even more that the case be assumed by the National Court.
