A high-profile investigation into the alleged use of Pegasus spyware against top Spanish officials has been shelved for a second time. The Audiencia Nacional, Spain’s top criminal court, has cited a persistent and obstructive lack of cooperation from Israeli authorities as the reason for halting the inquiry.
The case centers on revelations that the mobile phones of Prime Minister Pedro Sánchez and several of his ministers, including those overseeing defense and interior, were infected with the sophisticated surveillance software in 2021. The spyware, developed by Israel’s NSO Group, is marketed exclusively to government agencies.
In a ruling this week, Judge José Luis Calama stated that the investigation could not proceed due to Israel’s repeated failure to respond to international legal requests for assistance. The judge noted that this non-cooperation breaches international agreements and “violates the principle of good faith that should govern relations between states.”
The court had previously closed the case in mid-2023, only to reopen it months later after receiving related information from French authorities regarding Pegasus use in France. However, Judge Calama determined this new material did not provide sufficient evidence to identify who was behind the spying operations in Spain.
Without critical information from Israel—including a requested statement from NSO’s chief executive—the judge concluded the probe remains effectively “dormant.” It can only be revived if Israel fulfills its obligations or if new evidence emerges independently.
The original disclosures in 2022 led to significant political fallout, including the dismissal of Spain’s intelligence chief and admissions of security failures within the National Intelligence Centre (CNI). This case is separate from earlier revelations that Catalan separatist figures were also targeted by Pegasus, some operations of which were later found to have been conducted legally by Spanish intelligence.
NSO Group has consistently stated it does not operate its technology or have access to data collected by its clients, and maintains that it investigates any allegations of misuse.
