The former director of the CNI acknowledges the espionage against Sergi Sabrià and leaves two Pegasus attacks unexplained

The former director of the National Intelligence Center, Paz Esteban, acknowledged this Friday before a Barcelona judge that the CNI intervened in 2020 the phone of former ERC leader Sergi Sabrià. According to her statement, the espionage was carried out within the conditions and timeframe authorized by the Supreme Court magistrate in charge of supervising the actions of the secret services.

The answer leaves open the two questions that have brought Esteban back to court. Sabrià's mobile would also have been infected with Pegasus during 2018 and 2019, but the former head of the CNI has avoided clarifying who was behind those intrusions and who decided to monitor the republican politician. For this, she invoked the duty of secrecy that protects the Center's activities.

Esteban has testified by videoconference as an investigated party before Barcelona's Instruction Court number 23. This is her fourth judicial appearance related to Pegasus and the sixth case opened against her for the alleged espionage of pro-independence leaders and other people linked to that environment. The former director of the CNI maintains her presumption of innocence intact.

Judicial permission only extends to 2020

The Council of Ministers had authorized Paz Esteban to reveal only certain classified aspects. This declassification has allowed her to confirm the 2020 intervention and the corresponding judicial endorsement, but it prevents her, according to her defense, from offering data on the methods used, those responsible for the operation, or the rest of the reported attacks.

Legislation requires the director of the CNI to request permission from a Supreme Court magistrate before adopting measures that affect the secrecy of communications. The request must identify the affected person, explain the purpose of the surveillance, and set its duration. The actions and the judicial resolutions themselves are classified as secret.

Sabrià maintains that his phone was attacked at three different times. The intervention acknowledged by the CNI occurred when he presided over the ERC group in the Parliament and coincided with the launch of the dialogue table between the Government of Pedro Sánchez and the Generalitat. The former republican leader relates both events, although this connection must be accredited within the judicial investigation.

Two intrusions remain without known author

The statement by Esteban separates the surveillance authorized by the Supreme Court from previous infections, for which the CNI does not acknowledge responsibility. Forensic analyses provided by the plaintiffs did detect traces compatible with Pegasus on the device, but it has not yet been determined who contracted the tool or from which agency its use was ordered.

The program created by the Israeli company NSO Group allows access to the content of a phone, consulting messages and emails, activating the microphone, and extracting files without the owner's knowledge. The company has historically defended that it only sells this technology to governments and state agencies.

Citizen Lab revealed in April 2022 that at least 65 people related to Catalan independence had been targets or victims of Pegasus and Candiru. The Canadian laboratory was able to technically certify the attacks, although it did not attribute their authorship to a specific administration in all cases.

Paz Esteban already admitted that year before the Official Secrets Commission of Congress that the CNI had monitored 18 pro-independence leaders with judicial authorization, including the then president of the Generalitat Pere Aragonès. The Ombudsman reviewed these files and concluded that the actions examined had respected the Constitution and the law.

Six open cases for the Pegasus case

In addition to Sabrià's complaint, Esteban is being investigated in proceedings related to the espionage of Aragonès, ERC leaders Josep Maria Jové and Diana Riba, former MEP Jordi Solé, lawyer Andreu Van den Eynde, and former ANC leaders Jordi Sànchez and Elisenda Paluzie.

Another case examines the attacks reported by businessmen and technology developers linked to the Tsunami Democràtic environment. The different proceedings remain distributed among several courts in Barcelona and none has yet reached trial.

The progress of the investigations is conditioned by classified information and by the difficulties in obtaining data from NSO Group and from the Israeli authorities. Paz Esteban was dismissed as director of the CNI in May 2022, a few weeks after the espionage came to light and it became known that the phones of Pedro Sánchez and several ministers had also been infected.

The case of Sergi Sabrià now continues in Instruction Court number 23 of Barcelona, which will have to decide the next proceedings after incorporating the statement made this Friday by the former director of the CNI.