Spanish Judicial Inquiry into Pegasus Attacks Shelved Again Over Israeli Obstruction
Spain's highest criminal court has once again suspended its investigation into the use of Israeli-made Pegasus spyware to target the mobile phones of senior government ministers, including Prime Minister Pedro Sánchez. The Audiencia Nacional in Madrid cited a chronic lack of cooperation from Israeli authorities that has fundamentally undermined international legal protocols between the two nations.
Judicial Frustration Over International Legal Violations
Judge José Luis Calama announced the decision on Thursday, marking the second time the court has been forced to shelve the high-profile case. The judge explicitly stated that Israel's persistent failure to respond to formal requests for information – known as letters rogatory – has made it impossible to identify who was responsible for the sophisticated cyber attacks.
"The investigation into the attribution of the authorship of the investigated facts to any specific person has been impeded," Calama declared in his ruling. He went further to assert that Israel's behaviour "disrupts the balance inherent in international cooperation and violates the principle of good faith that should govern relations between states."
Political Fallout and Previous Revelations
The investigation began in May 2022 after the Spanish government disclosed that the phones of both Prime Minister Pedro Sánchez and Defence Minister Margarita Robles had been infected with Pegasus spyware the previous year. Subsequent investigations revealed that the mobile devices of the interior minister and agriculture minister had also been compromised.
The scandal led to significant political consequences within Spain's intelligence community:
- The dismissal of Spain's spy chief, Paz Esteban
- Official admissions of "shortcomings" within the country's national intelligence centre (CNI)
- Increased scrutiny of surveillance practices and protocols
International Context and Previous Catalan Surveillance
This case exists within a broader international context of Pegasus-related controversies. Judge Calama had initially closed the investigation in July 2023 but reopened it months later when French authorities provided information about similar Pegasus attacks targeting French ministers, parliamentarians, lawyers, and journalists.
However, the French information ultimately contained no new evidence that could identify the perpetrators of the Spanish attacks. The judge noted that without Israeli cooperation – including a requested statement from NSO Group's chief executive – the investigation "remains dormant" until either cooperation materialises or new evidence emerges.
This latest development follows previous revelations about Pegasus use in Spain:
- In July 2020, a joint Guardian-El País investigation revealed senior pro-independence Catalan politicians had been warned their phones were targeted
- In 2022, University of Toronto's Citizen Lab identified at least 63 people connected to the Catalan independence movement whose devices were targeted or infected between 2017-2020
- Subsequent disclosures confirmed 18 of those Catalan activists had been legally surveilled by CNI with judicial approval
NSO Group's Position and International Implications
NSO Group, the Israeli company that manufactures Pegasus software, maintains that its technology is sold exclusively to state agencies for authorised purposes. When news of the Spanish targeting first emerged, the company issued a statement emphasising its "firm stance" against misuse of surveillance technology against politicians, activists, and journalists.
The company stated: "NSO is a software provider, the company does not operate the technology nor is privy to the collected data. The company does not and cannot know who the targets of its customers are, yet implements measures to ensure that these systems are used solely for the authorised uses."
This case highlights growing international tensions surrounding digital surveillance, state sovereignty, and the challenges of investigating cross-border cyber attacks when key nations refuse to cooperate with judicial inquiries.
