Three United Nations Special Rapporteurs wrote a joint letter to the Spanish Prime Minister on 24 October 2022, requesting clarification and remedy of human rights violations in Spain through the use of Pegasus software in the «Catalangate», arguably the biggest wiretapping scandal since Watergate.
Fernand de Varennes, United Nations Special Rapporteur on minority issues, Irene Khan, United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, and Clement Nyaletsossi Voule, United Nations Special Rapporteur on the right to freedom of peaceful assembly and of association, initially gave the Spanish state 60 days to respond to their request. It was not until 3 January 2023 that their text, written in Spanish, was published.
It is well known that Spain has wiretapped Catalan politicians, MPs, lawyers, doctors, computer scientists, MEPs and employees of the Catalan Council led by President Carles Puigdemont not only, but mainly with the Pegasus software, which is only available to states. In addition, the spying programme Candiru was used in at least some cases. Several victims from Catalonia filed complaints against this with the United Nations.
The three Special Rapporteurs investigated the incidents thoroughly and expressed their deep concern about the human rights violations in Spain in the above-mentioned letter to the Spanish Prime Minister Pedro Sánchez.
Of the 65 people known so far to have been victims of what the United Nations considers illegal surveillance, 63 were spied on using the Pegasus software. 14 prominent cases are highlighted in the text as examples.
I quote in unauthorised English translation some passages from the revealing document, which, like previous United Nations statements on political prisoners in Spain, not only states the issues clearly, but also contains instructions for action by Spain:
«In this context, we would like to bring to the urgent attention of Your Excellency's Government the information we have received on the activities of espionage through the use of the Pegasus and Candiru spy software, which affected a large number of Catalan personalities and activists during the period 2017-2020. The victims of the complex and sophisticated spying programmes included Catalan leaders, MEPs, legislators, lawyers and members of civil society organisations. According to the manufacturer (the Israeli NSO Group), the Pegasus spy software is only sold to governments. Most of the spyware attacks reported below took place in Spain.» (p. 1 of the document dated 24 October 2022).
«We are very concerned about an alleged extensive and well-coordinated spying programme against activists and prominent figures of the Catalan minority, which constitutes an interference with their right to freedom of expression, exchange and dissemination of information and ideas, the right to peaceful assembly and participation in associations, the right to privacy and correspondence, and the right to equality before the law and equal protection under the law without discrimination. We are also concerned that the widespread use of such spying programmes may lead to increased self-censorship, which has a chilling effect on the exercise of the right to freedom of opinion and expression in Catalonia in general.
We are also particularly concerned that the individuals targeted above are all members of the Catalan minority and that the attack on them appears to be related to their peaceful activities on behalf of the Catalan minority. This targeting appears to interfere with the right of minority groups to freely assert and promote their identity, culture and views. Furthermore, this selective action appears to be profiling of a minority, which is prohibited under international and regional human rights standards.
We also express our concern that at least one lawyer defending Catalan minority activists has also been targeted by the spying programme. If such a practice is confirmed, it would be an attack on the independence of lawyers and human rights defenders.
All this gives the impression that there is a consistent pattern and a well-planned programme to target Catalan minority activists and their supporters regarding their views, opinions and activities. This factor reinforces the seriousness of the allegations and our concerns.» (p. 5 of the document dated of 24 October 2022).
«It is our responsibility, in accordance with the mandates given to us by the Human Rights Council, to seek to clarify the allegations brought to our attention. In this regard, we would be grateful for your cooperation and comments on the following:
1. Please provide us with any additional information or comments on the above allegations!
2. Please provide any available information on official investigations by the Spanish authorities into the allegations of espionage activities against the above-mentioned victims!
3. Please clarify the relationship or links between the alleged espionage activities and the Spanish authorities!
4. Please clarify how the Pegasus spy software, allegedly sold exclusively to governments, could be used against Spanish citizens belonging to minorities or other groups!
5. Explain how the alleged activities, if confirmed, are compatible with the obligations of Your Excellency's Government under the above provisions and how you intend to remedy any inconsistencies with international human rights standards!
6. Please provide information on what your Excellency's Government is doing or intends to do to compensate the victims and prevent a recurrence of the alleged espionage activities!
With regard to the above alleged facts and concerns, we refer to the Annex on References to International Human Rights Laws attached to this letter, which lists the international human rights instruments and human rights standards relevant to present allegations.
We would appreciate a response within 60 days. After this period, this communication and all responses from Your Excellency's Government will be made public through the Communications Reports website. They will also be made available in the periodic report submitted to the Human Rights Council.
Pending your response, we would like to urge your Excellency's Government to take all necessary measures to protect the rights and freedoms of the above-mentioned person(s) and to initiate investigation proceedings against, prosecute and impose appropriate penalties on all persons responsible for the alleged violations. We also urge you to take effective measures to prevent such incidents from recurring if they have occurred.
We will be able to express our concerns publicly in the near future, as we believe that the information we have received is sufficiently reliable to indicate that there is a matter that requires immediate attention. We also believe that the public must be informed of the possible consequences of the above allegations. The press release indicates that we have been in contact with Your Excellency's Government to clarify the relevant issues.» (pp. 5-7 of the document dated 24 October 2022).
The seven-page document is accompanied by a five-page annex that identifies international human rights law and cites its sources. What is explosive for the European Union, which has so far distinguished itself in the case of the greatest human rights violations in Western Europe since the Second World War by intensively looking away and complicit inaction, as if its own standards and the European Convention on Human Rights did not apply to Spain, are the final formulations of the annex to the text, which express in clear language what the Catalans have been saying for years without finding a hearing in Europe:
«We would also like to draw Your Excellency's attention to the Council of Europe's Framework Convention for the Protection of National Minorities (Council of Europe No. 157), which has been applicable to Spain since 1 September 1995. The Framework Convention for the Protection of National Minorities is a legally binding multilateral treaty for the protection of national minorities, which aims in particular to promote the full and effective equality of national minorities by creating appropriate conditions enabling them to preserve and develop their culture and to maintain their identity. Article 3(1) of the Convention provides that every person belonging to a national minority shall have the right freely to choose whether or not to be treated as such and shall not suffer any disadvantage as a result of such choice or of the exercise of the rights to which he or she is entitled. Under Article 5(1) of the Convention, Parties undertake to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture and to preserve the essential elements of their identity, which include their language. Article 7 of the Convention provides that the Parties to the Convention shall ensure respect for the right of everyone belonging to a national minority to freedom of assembly, freedom of association, freedom of expression and freedom of thought, conscience and religion. In accordance with Article 17(1) of the Convention, the Parties undertake not to interfere with the right of persons belonging to national minorities to establish and maintain free and peaceful transfrontier contacts with persons lawfully resident in other States, in particular persons sharing an ethnic, cultural, linguistic or religious identity or a common cultural heritage.
We also remind Your Excellency's Government of the recommendations and best practices of the OSCE High Commissioner on National Minorities (HCNM) regarding minority rights. In particular, the 2006 OSCE/HCNM Recommendations on Policing in Multi-ethnic Societies clearly indicate in paragraph 16 that measures should be taken to ensure that the police enforce the law impartially and without discrimination and do not exclude any particular group by, for example, racial profiling.» (pp. 11-12 of the document dated of 24 October 2022).
In a functioning democratic state governed by the rule of law, all government officials who had knowledge of such a wiretapping scandal and attack on human rights would have to resign immediately, and investigative proceedings would be initiated by the competent public prosecutor's office against all those responsible for such illegal practices (including judges, public prosecutors, police officers, intelligence officers and anyone else who had a hand in these human rights violations). And what is Spain doing? The Spanish government responds, with barely surpassable chutzpah, that all wiretapping carried out by Spain would be done “in accordance with the requirements of the Spanish legal system” and “in full respect of fundamental rights and freedoms”! O tempora, o mores!
Stunned, the citizens of Europe stand before one of the greatest scandals of our time. And what is the European Union doing? Europe remains silent and watches!
https://www.vilaweb.cat/noticies/tres-organismes-onu-demanen-explicacions-espanya-catalangate/