Spain must thoroughly investigate the cases of possible illegal espionage registered in the country, provide those affected with access to judicial information on their cases and implement the announced reform of the National Intelligence Center (CNI). These are the main recommendations to the Spanish Government contained in the final report of the commission of inquiry set up in the European Parliament to examine the use of Pegasus and other espionage programs. These practices, the institution warns, constitute "a threat to democracy and the individual rights of citizens."
The Pegasus commission, affirms in its report of conclusions, "asks Spain to carry out a full, fair and effective investigation of all the alleged cases of espionage", not only the 18 that the CNI has admitted having carried out with a court order, but the other 47" whose circumstances remain unclear, alluding to the 65 cases documented by the Canadian CitizenLab researchers. The text agreed upon by the members of this commission, which has investigated cases in four EU countries, also recommends Spain to involve Europol in the investigation of alleged cases of espionage as it could "provide technical knowledge".
The internal negotiations on the document, which will be voted on in plenary session in July, have caused confrontations between the representatives of the different Spanish parties, divided on the representation of the facts themselves and the evaluation, therefore, of the conclusions of their investigation. Specifically, the MEPs point out that, in Spain, "the general regulatory framework is in line with the requirements" of European regulations and jurisprudence but they conclude that "some reforms are necessary" and their practical application "must be fully in line with the fundamental rights and ensure the protection" of participation in public life.
The text also states that "it is assumed" that the Spanish authorities were behind the espionage of Catalan pro-independence politicians and members of civil society in the case known as the Catalangate, with or without a court order. It also points to the Government's lack of will to investigate these cases and concludes that Morocco is "possibly" responsible for spying on the mobile phones of the President of the Spanish Government, Pedro Sánchez, the Minister of Defence, Margarita Robles, and the Minister of Interior, Fernando Grande-Marlaska.
Readings of the document have been mixed. While the ERC representatives have applauded their conclusions ("They have not bought the betrayal on behalf of the Spanish State", Diana Riba celebrated in Strasbourg), Jordi Cañas (Ciudadanos) has concluded that the text, based largely on the report of CitizenLab whose validity it denies, is "full of lies" and "pregnant with bad faith". The Popular Party, for its part, has highlighted the criticism of the "lack of transparency" regarding the alleged espionage of the Prime Minister's mobile phone, as well as the endorsement of the supervision mechanisms of the Spanish State.
"The propaganda campaign orchestrated by Catalan secessionism" has found itself "head-on" with the PP, said Juan Ignacio Zoido), who has congratulated himself because he finally does not classify those affected by the alleged espionage as "victims". The fact that the Spanish regulatory and judicial framework is endorsed has led Carles Puigdemont (Junts) to vote against the report, a position that he will maintain in the final plenary vote, as he explained to the press.
The report of the European Parliament, approved in commission by 30 votes in favor, 3 against and 4 abstentions, also analyzes cases registered in Poland, Greece and Cyprus, although it concludes that in one way or another there are many more member states that make these practices possible, for example Ireland or Luxembourg. The document sheds light on the dark world of political espionage, technologies and business practices in the sector and criticizes the "omertà" that prevails between the EU governments and the European Commission itself in the face of these practices, unlike what has happened in the United States, he notes. "Silence in these situations equals complicity," criticized the report's rapporteur, the Dutch liberal Sophie in 't Veld. "It is not enough to do things better in the future if there is going to be impunity for the mistakes of the past, justice must be done to all the people who have been illegitimately affected by espionage programs."
