A Spanish court has dropped its investigation into the use of Israeli-made Pegasus spyware to target senior Spanish officials, citing a lack of cooperation from Israel. The decision, announced on Thursday, marks the second time the case has been shelved due to insufficient evidence and international legal hurdles.
Immediate Action & Core Facts
The Audiencia Nacional in Madrid ruled that Israel’s failure to respond to requests for information violated international agreements and impeded the investigation. Judge José Luis Calama stated that the lack of cooperation disrupted the principle of good faith between states.
The case initially began in May 2022 after reports that the phones of Prime Minister Pedro Sánchez, Defence Minister Margarita Robles, and other ministers were infected with Pegasus, a spyware developed by the Israeli NSO Group. The investigation was briefly reopened in 2023 after French authorities provided new information, but the judge determined it did not advance the case.
Deeper Dive & Context
Background of the Investigation
The investigation was launched after Spain’s government revealed that multiple officials’ phones had been compromised with Pegasus, which NSO Group claims is only sold to state agencies. The revelations led to the dismissal of Spain’s spy chief, Paz Esteban, and admissions of shortcomings within the country’s intelligence agency, the CNI.
The case was first shelved in July 2023 but reopened after French authorities shared details of their own investigation into Pegasus-related espionage targeting journalists, lawyers, and government officials. However, the Spanish court found the new information insufficient to prove the attacks or identify perpetrators.
Technical and Legal Challenges
Judge Calama noted that Pegasus does not leave traces beyond the data extracted, making it technically impossible to determine the nature of the information accessed. The court also highlighted that Israel’s failure to respond to legal requests violated two international agreements, undermining the investigation’s progress.
Reactions and Implications
The decision has raised questions about international cooperation in cybersecurity cases and the accountability of spyware manufacturers. While Spain has not publicly accused Israel or any other entity of orchestrating the attacks, the case underscores the challenges in prosecuting cyber espionage incidents across borders.
NSO Group, the developer of Pegasus, has faced scrutiny over its software’s use in surveillance operations worldwide. The company maintains that Pegasus is intended for lawful use by government agencies to combat crime and terrorism.