The Ombudsman, Ángel Gabilondo, has verified that the espionage of 18 pro-independence leaders by the National Intelligence Center (CNI) was carried out in accordance with the law, as stated by the former director of Spanish spies, Paz Esteban, in the Secrets Commission of the Congress of Deputies. However, he considers that it is "desirable" to open a reflection on "the sufficiency or insufficiency" of the judicial control to which the CNI is subject: "The interception of communications in 2022 is not the same as in 2002", the year in which the current control law was approved.
In the eight-page brief signed by Gabilondo, it is stated that the Ombudsman considered it necessary to verify —after the Pegasus case began to make headlines— whether there had been interception of communications through special procedures to all or part of the people who appeared on the list of Citizen Lab, if in such cases there was a previous resolution and if so, these were duly and sufficiently motivated.
At this point, the Ombudsman highlights that the Council of Ministers did not exercise the power that allows it to deny the referral of classified documents to the Ombudsman. The same day —April 26— that the writ of ex officio action began, Esteban informed Gabilondo of his availability to collaborate "immediately." Gabilondo has traveled to the headquarters of the CNI up to five times to consult the documentation.
After examining the records of the magistrate of the Supreme Court in charge of the prior judicial authorization, he has verified that they were "extensively motivated". He highlights "the high degree of detail" of the information available to the magistrate of the Supreme Court to adopt the decision. It also highlights the existence of a protocol that articulates the relationship of the CNI with the magistrate of the Supreme Court who decides, after receiving precise information on the facts that justify the request.
Gabilondo also reiterates that there are internal regulations in the CNI that require special procedures or means to obtain information, and that contemplates the cases of need for judicial authorization. In addition, that in accordance with the aforementioned regulations, a report has been prepared —to which the Ombudsman has had access— on the espionage of independence leaders.
The Ombudsman also takes the opportunity to highlight "the CNI's exercise of transparency in this action", but makes some considerations "so that they are taken into account". Among others, to open a reflection on judicial control.
"The 20 years that have passed since Law 11/2002, of May 6, and the evolution of technologies in recent decades, added to the changes that are to come, should lead us to reflect on the sufficiency or insufficiency of the existing judicial control The interception of communications in 2022 is not the same as in 2002, nor will it mean the same thing in a few years," he concludes.
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