• Espionage The Government admits that security protocols must be "reinforced" after the espionage on Pedro Sánchez's mobile

  • Defense The CNI, annoyed with the Government for revealing a serious security flaw

The judge of the National High Court,

José Luis Calama

, opened an investigation on Tuesday for a possible crime of discovery and disclosure of secrets after the complaint by the

State Attorney

for the infection with the Pegasus tool of the mobile phones of the Prime Minister, Pedro Sánchez, and the Defense Minister, Margarita Robles.

In the same resolution in which he agrees to initiate some preliminary proceedings, the magistrate transfers the complaint to the Prosecutor's Office so that it can report "on the practice of the investigation proceedings that it deems appropriate to determine the nature and circumstances of the facts that are the subject of the complaint. , as well as the people who have participated in them".

The order indicates that the facts that appear in the complaint of the Lawyer fit in the crimes of discovery and disclosure of secrets, which seek to protect "a space of personal and family privacy that is removed from outside interference, highlighting the necessary protection against the growing development of the means and procedures for capturing, disclosing and disseminating information and data and circumstances that pertain to privacy.

The complaint was accompanied by two reports from the National Cryptologic Center - dependent on the CNI - on the cell phones of Sánchez and Robles.

The reports showed that the device of the President of the Government analyzed "was infected by Pegasus on 2 occasions (on May 19, 2021 and May 31, 2021); information was exfiltrated from the device due to this infection in those dates; and the mobile currently has no known indicators of ongoing Pegasus infection."

As for the minister's mobile analyzed "it was infected by Pegasus in June 2021; information was exfiltrated from the device due to this infection on those dates; and currently the mobile does not present any known indicators of ongoing Pegasus infection".

The judge understands that the facts denounced would be the competence of the National High Court as established by the Organic Law of the Judiciary insofar as they affect "senior organizations of the nation", such as the President of the Government and the Minister of Defense.

Appears "clearly clear", according to Calama, the jurisdiction of the National Court.

Despite the forcefulness of the instructor, it has not always been clear which crimes referred to high-ranking bodies correspond to the National Court.

In the case of the graves of the Franco regime, a criterion was applied that sent the matters to the ordinary courts.

However, in the investigation of the

procés

, the competence of the Court was determined.

The crime of revealing secrets does not expressly appear in the articles of the Criminal Code referring to crimes against high State institutions, but it is considered that a systematic interpretation must be made that leads to the jurisdiction of the National High Court.

The Central Court of Instruction number 4, of which Calama is the owner, was the one that received the complaint from the Lawyer on Monday, when it was on duty.

He sent the matter to random distribution among the six investigating courts and the result has been that this Tuesday the matter has returned to the magistrate's table.

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