Ombudsman certifies that Paz Esteban’s CNI spying on 18 independence leaders was in accordance with the law


Gabilondo decided that the orders of the Supreme Court magistrate in charge of the former judicial authority were “largely motivated.”

Angel Gabilondo during a parliamentary appearance.ZippyEFE

To try to placate its Nationalist allies after the Pegasus case, the CNI spying on independence leaders, the government offered, in addition to “internal control” of the Secret Services—its director was eventually sacked—an investigation. part of the Lokpal. ngel Gabilondo has already completed his work and has concluded that the actions of the Secret Services have been carried out in accordance with the Constitution and the law.

To carry out his analysis, Gabilondo had access to classified documents for judicial authorities supporting spying through the Pegasus system on 18 independence leaders. they are authority peace stephenThe former director of the CNI and who was sacked a few days ago in the middle of the controversy, appeared in the Official Secrets Commission to the spokespersons of parliamentary groups to verify that the secret services operate under judicial authority.

After perusing the orders of the Supreme Court magistrate in charge of the former judicial authority for these wiretapes, the Ombudsman decides that they are “widely motivated, essentially based on specific facts and in all cases already authorized”. Communication interference has been investigated”.

Likewise, it emphasizes “the description of a high level of information available to magistrates”. Supreme court to adopt the decision”; and recalls the existence of a protocol which clarifies the relationship of the CNI with the Magistrate of the Supreme Court who takes a decision after obtaining accurate information on the facts justifying the request.

In Gabilondo’s opinion, he considered in his report of 18 May and addressed to the Secretary of State-Director of the CNI, that this body acted in relation to various legal provisions relating to judicial control prior to the interference of communications. location. One of the ones mentioned in the various notices published last April is produced on part (18).

no ideological motivation

In his eight-page brief, he highlighted the existence of internal rules for the direction, coordination, processing and evaluation of operational activity in the CNI, which require special procedures or means to obtain information and which require judicial Considers matters requiring authority. according to Constitution and law, procedure necessary so that such authority (or non-authority) may be decided by a Magistrate of the competent Supreme Court. And that Gabilondo has been able to check the said rules.

As for the Ombudsman, there is no doubt that wiretapping is due to ideological persecution, as libertarians have been defending. “This subordination [a la Constitucin y al resto del ordenamiento jurdico] In blocking excludes only ideological motivation. It is not what is thought, but done in a undemocratic way, with violence and/or against the rights of many other citizens and against the rights of the state itself.

Yes, Gabilondo points to the need to “open a reflection on judicial control” in his writings. He points out that although the CNI’s actions and “transparency” have nothing to object to, 20 years have passed since the draft. Regulatory Laws of the National Intelligence Center (May 2002), it is therefore worth studying whether the development of technologies in recent decades “added to the changes to come, which should reflect on the adequacy or inadequacy of existing judicial controls. This inhibition is not the same. 2002″. communication in 2022, nor will it mean the same thing in a few years”.

In this aspect, Gabilondo does not propose specific formulae, but urges that he explore “other subjects of the rule of law by means of a very large majority”.

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