A study by Amnesty International concludes that the Prosecutor's Office is obstructing judicial investigations into mass espionage using software like Pegasus or Candiru, within the case known as Catalangate. The NGO presented the analysis at the Col·legi de Periodistes in Barcelona, highlighting how the justice system has handled the offensive to spy on activists, journalists, politicians, and lawyers connected to the Procés.
The report details that ten judicial cases open in Barcelona for six years, affecting former Presidents of the Generalitat such as Pere Aragonès or Quim Torra, and the President of the Parliament, Roger Torrent, are marked by "inaction, obstruction of investigations, and re-victimization of the spied individuals."
The study particularly criticizes the role of the State Attorney General's Office, even though the National Intelligence Centre (CNI) has admitted to spying on at least 18 individuals using software from the company NSO. Amnesty International calls for the public ministry to "abandon its role as defender of the State" and side with the victims, promoting "necessary inquiries to determine both the nature and circumstances of the events, as well as the individuals responsible".
Virginia Álvarez, one of the researchers, described the situation where victims "still don't know how or why they were spied on" as "sad and clear." The report indicates that victims are enduring an "endless cycle of obstacles" in obtaining support and assistance for investigations from the public ministry, which has allegedly taken actions to slow down or halt judicial proceedings.
Amnesty International highlights how the public ministry hinders the progress of investigations, opposing inquiries requested by the accusers and showing "delays" in evaluating requests that do not align with the standards of a swift and effective investigation.
The NGO also points out the difficulties in determining the responsibility of the CNI and NSO Group, or their executives. Victims have had to request rogatory commissions and European investigation orders, but the lack of response from other countries, often due to "lack of due diligence" by Spanish authorities, has led to requests for dismissal.
The study argues that a judicial inquiry should not be halted indefinitely while awaiting international responses, especially when other "useful and necessary" inquiries are pending. It accuses the prosecutor's office of avoiding the promotion of these commissions or of re-victimizing the spied individuals by requesting phone analyses when they suspect state security services.
The report proposes that the Prosecutor's Office investigate Catalangate as a "massive espionage operation," promote an inquiry into the functioning of Pegasus and human rights violations, and be proactive with inquiries and collaborate with victims.
Furthermore, Amnesty calls for the cooperation of state powers and European institutions, the promotion of new legislation to protect fundamental rights (reforming the CNI law and the Official Secrets Act), and the suspension of the use, purchase, sale, or transfer of mass surveillance instruments.
