The members of the PEGA committee left Poland on Wednesday 21 September “more worried than when they arrived”, especially about the state of checks and balances and the Rule of law, commented the committee chair Jeroen Lenaers (EPP, Dutch) on the same day.
The committee wanted to investigate the Polish government’s use of the Pegasus spyware, “but all invitations to meet with the government were declined”, the MEP added.
The delegation of ten MEPs met with the Polish Senate’s committee of inquiry on spyware and members of the Sejm, the lower house of parliament. They also visited the Supreme Audit Office and met with people targeted by the spyware, including opposition politicians in the run-up to the 2019 elections, a prosecutor and civil society representatives.
“We see that the system of legal and institutional checks and balances has been dismantled to allow the targeting of people who are considered political opponents”, said the Dutchman. “As a result, essential democratic norms and citizens’ rights enshrined in European and Polish law have been grossly violated”.
The PEGA rapporteur, Sophie in 't Veld (Renew Europe, Dutch), who will present her report in early November, promised “a strong chapter on Poland”, although her report is expected to cover the situation in all Member States.
Her report will in particular propose European standards for the use of such spyware, which must be strictly regulated and used in very specific cases, be controlled by a judicial authority and include safeguards for the victims of such wire tapping.
The MEP also called on NSO, the parent company of Pegasus, and the Israeli government to shed light on the sale of the software to European governments and in particular to confirm “whether or not the export licences and contracts with the Polish authorities have been revoked”. (Original version in French by Solenn Paulic)