EU spyware panel proposes bringing Europol into 'Catalangate' investigation

The European Parliament's committee looking into the use of spyware programs such as Pegasus proposes involving Europol in the investigations in Spain in order to guarantee "appropriate forensic" processes. 

The panel voted on the recommendation to involve the European Union Agency for Law Enforcement Cooperation in the investigation on Monday in Strasbourg after a year and three months of evaluations. 

In the document, MEPs accuse the Spanish government of being behind the 'Catalangate' espionage scandal that saw dozens of pro-independence figures have their devices hacked with spyware. 

The text detailing the results of the investigation - approved with 30 votes in favor, three against, and four abstentions - points out that judicial processes in Spain that affect people who have been spied on "do not go as quickly as expected." For this reason, they call for more "cooperation" with authorities and suggest that Europol could support national authorities to speed up procedures.

Spain had previously admitted espionage in 18 out of 65 cases, and the report emphasizes that Spain has refused to comment on the situation of the remaining 47.

"Uncertainty continues as to whether these people were spied on by Spain's National Intelligence Service (CNI), through a court order, or if some other authority received authorization to spy on them," it reads.

The text adds that so far it has not been possible to determine whether the 47 posed "a threat to national security," and urges the Spanish government to resolve the situation.

The parliament select committee was also displeased with the lack of information provided by Spanish state authorities to justify the espionage and demanded a "fair and effective" investigation of the facts. 

The spyware Pegasus was used to spy on 65 pro-independence figures between 2017 and 2020, according to CitizenLab, an investigative organization based at the University of Toronto that focuses on high-tech human-rights abuses – the case is known as 'Catalangate'.

Catalan government "very satisfied" 

Catalonia's Minister of Foreign Affairs, Meritxell Serret, said the government was "very satisfied" with the report, which "reaffirms the shortcomings of the Spanish government" when it comes to protecting human rights. 

Serret said it was "necessary and essential" that the Spanish government provide answers about spying on pro-independence leaders after the EU committee concluded that Spanish intelligence services (CNI) were likely behind the spyware operation. 

"How many more international resolutions and conclusions are needed in order for Spain to provide some answers?" Serret asked. 

Puigdemont finds report contradictory

Former Catalan president Carles Puigdemont was more critical of the report. The pro-independence Junts MEP welcomed the report's criticism of the official secrets law and the fact that judges may not accept findings from Citizen Lab as valid evidence. 

And while he said the text was "clear" in criticizing the lack of answers and collaboration from the Spanish authorities, Puigdemont said the report's conclusion "completely contradicts" the rest of its findings by describing Spain as a state with "an independent judicial system with sufficient guarantees." 

In this aspect, Puigdemont accused the the report of "following" the Spanish government's line. 

Pro-independence Esquerra Republica MEP Jordi Solé said the report "goes in the right direction" but that there is room for improvement and he will be putting forward amendments at the next plenary session in Strasbourg in June. 

The report was also criticized by MEPs on the opposite side of the pro-independence debate, namely Ciudadanos MEP, Jordi Cañas who said it was "full of bad faith." He criticized it for calling into question Spanish democracy and said the that the state has always acted within the framework of the law.  

"What [they] were doing was following people involved in very serious crimes," he said. 

Fact-finding mission in Spain

In March, the EU parliament committee investigating the use of Pegasus and other spyware went on a two-day fact-finding trip to Madrid. Upon conclusion of the trip, the panel held a press conference in which it questioned Spain's acknowledgment of "only 18 of 65 espionage cases."

"It remains an open question how there are 47 other credible alerts of infection without evidence of a judicial proceeding against them," MEP Jeroen Lenaers said, in reference to the total number of people with ties to the Catalan independence movement who are thought to have been targeted with government-grade spyware but have not been recognized by Spain's National Intelligence Service (CNI). 

Lenears and Sophie In 'T Veld addressed the media hours after meeting with Catalan president Pere Aragonès, foreign minister Meritxell Serret, and Barcelona councilman Ernest Maragall, all of whom have evidence their phones were infected.

Lenaers and In 'T Veld waited two hours to meet with the Spanish Congress' defense committee before the meeting was canceled at the last minute due to the ongoing no-confidence motion against PM Pedro Sánchez taking place on Tuesday. This did not take place on the first day of their visit as Monday was a public holiday in the Madrid region. 

"It is disappointing that we didn't get to meet more members of the government," Lenaers said. "But as I also said, I understand the circumstances in which our mission takes place and the timing of it."

Amnesty report

Amnesty International's 2022-2023 report on the state of human rights across the globe criticizes the use of Pegasus spyware in Spain "to target the mobile phones of prominent Catalan politicians, journalists, lawyers, and their families."

The NGO expresses its "concern" regarding this affair and highlights that the head of Spain's National Intelligence Service (CNI) "admitted that several pro-independence Catalan politicians had been spied on."