Polish Inquiry Alleges Abuse of Power in Pegasus Spyware Procurement
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A parliamentary commission in Poland has formally notified prosecutors of suspected criminal activity related to the purchase and deployment of the Pegasus spyware system, alleging abuse of power by officials within the Central Bureau of Anti-Corruption (CBA). The notification, submitted on Friday, centers on former CBA head Ernesta Bejda and others involved in the controversial acquisition and implementation of the surveillance technology.
The commission, led by chairwoman Magdalena Sroka (PSL-TD), asserts that the use of Pegasus within the CBA occurred without the necessary ICT security accreditation, raising serious concerns about the security of Poland’s sensitive infrastructure. According to Sroka, this wasn’t a mere “formal infringement,” but rather a compromise of the nation’s classified information protection systems. “This is an unsealing of the system for protecting classified information in the Republic of Poland,” she stated.
The allegations stem from an inspection conducted by the Internal Security Agency, which reportedly found that Pegasus should have undergone ICT security accreditation – a process that never took place. This finding was directly communicated to the National Prosecutor’s Office in a post-audit statement.
Charges Against Bejda and Potential Penalties
During a press conference, MP Witold Zembaczyński (KO) detailed the specific charges outlined in the committee’s notification. Bejda is accused of violating provisions within the Act on the Protection of Classified Information, specifically Articles 14 and 48, concerning the safeguarding of classified information and the accreditation of ICT systems.
“Additionally, the accusation we bring against him is, of course, an abuse of powers and failure to fulfill obligations – we are talking about Art. 231 of the Penal Code,” Zembaczyński explained. The standard penalty for this offense is up to three years’ imprisonment. However, Zembaczyński added that the potential sentence could increase to ten years if the actions were motivated by personal or political gain.
Bejda Denies Wrongdoing, Claims Political Motivation
Bejda, responding to the commission’s decision, dismissed the allegations as part of a broader “political game.” He expressed confidence that prosecutors would ultimately pursue charges against him, characterizing the outcome as “a fixed case.” “The Commission says that it will now notify, and perhaps the prosecutor’s office has already issued such a decision [to bring charges],” he told the Polish Press Agency (PAP). He maintained that the proceedings were “arranged, preordained and I will certainly be accused.”
The former CBA head insisted he acted in the best interests of the state while in office, emphasizing the importance of equipping the service with the tools necessary to combat crime. “What is the political advantage? This is a benefit for the state because the state had the opportunity to effectively prosecute crimes,” he argued. Bejda believes the notification is “revenge” from current power circles due to the CBA’s effectiveness during his tenure.
Pegasus Accreditation Controversy
Documents from the Ministry of Justice indicate Bejda oversaw the purchase of the Pegasus system. However, during testimony in June before the investigative commission, Bejda asserted that the system was exempt from the standard ICT security accreditation process. He cited Article 51 of the Act on the Protection of Classified Information, claiming Pegasus did not process classified information and therefore did not require accreditation. “The Pegasus system did not have to be accredited. It was not subject to the accreditation procedure. He was excluded from this procedure because he did not process classified information,” Bejda stated at the time. He explained that Pegasus merely obtains, records, and transmits information.
Ongoing Inquiry and System Capabilities
The Pegasus Commission of Inquiry, established to investigate the legality and purposefulness of the software’s use between November 2015 and November 2023, is also tasked with identifying those responsible for procuring the system. Pegasus, developed by the Israeli company NSO Group, is marketed as a tool for combating terrorism and organized crime. However, its capabilities extend far beyond these stated purposes, allowing for the comprehensive surveillance of smartphones – including access to conversations, emails, photos, videos, and even camera and microphone feeds.
The commission’s findings and the prosecutor’s investigation are expected to shed further light on the circumstances surrounding the purchase and deployment of Pegasus, and whether proper protocols were followed in its use.
