A Madrid court investigating alleged espionage against Gonzalo Boye, lawyer to Carles Puigdemont, has ordered companies linked to the Pegasus spyware to submit all contracts signed with Spanish government entities.
This directive, issued by Judge Cristina Díaz Márquez of Court No. 29 in Madrid, encompasses agreements with the Spanish government, the National Intelligence Centre (CNI), or any other organisations.
Reopened investigation highlights Pegasus abuse
The investigation, reopened by the Madrid Provincial Court in October 2023 after initial closure in June, stems from Boye’s 2022 complaint. Boye claims his mobile devices were targeted with Pegasus spyware at least 18 times in 2020, based on findings by Citizen Lab, a Toronto-based organisation specialising in high-tech human rights abuses. Boye’s devices allegedly received malicious SMS messages disguised as Twitter notifications during critical political periods.
Citizen Lab’s CatalanGate report previously revealed spyware attacks on 65 individuals connected to the Catalan independence movement, amplifying concerns over misuse of Pegasus software.
International witnesses and corporate accountability
The court has summoned seven individuals associated with Citizen Lab—including John Scott-Railton, William Marczak, and Siena Anstis—as witnesses. Additionally, companies Q Cyber Technologies LTD, NSO Group, and Osy Technologies have been ordered to produce documentation detailing their contracts related to Pegasus usage in Spain. NSO Group, the developer of Pegasus, asserts it only sells the spyware to state agencies.
As reported by El Nacional, efforts to clarify the spyware’s deployment come amid growing scrutiny. However, Israeli authorities have yet to respond to requests for cooperation, complicating the investigation. This lack of response has prompted calls for Luxembourg’s involvement, given the NSO Group’s operational presence there.
Legal and political implications
Judge Díaz Márquez’s directive aligns with a broader push for accountability in spyware deployment. This case parallels other espionage investigations, such as the monitoring of ERC lawyer Andreu Van den Eynde during pivotal moments of political trials. The ongoing Barcelona court case, led by Judge Santiago García, has already implicated Paz Esteban, former CNI director, in spying on Catalan President Pere Aragonès.
Lawyers and human rights organisations, including Irídia, have intensified their efforts, with Irídia recently extending a lawsuit to include three NSO Group executives. The group underscores the pressing need for judicial oversight and international collaboration.
Espionage under scrutiny
This case underscores the intersection of technology, politics, and human rights in Spain. Boye’s refusal to submit his devices for examination, citing attorney-client privilege, highlights the legal complexities of such investigations. As reported by La Gaceta, judicial authorities have instead relied on Citizen Lab’s forensic analyses.
With heightened attention on spyware misuse, these investigations may set a precedent for safeguarding digital rights and preventing state overreach in Spain and beyond.