ATHENS – A report by Greece’s Supreme Court prosecutor, Georgia Adeilini, clearing all state authorities and officials of responsibility for the use of Predator spyware in the country continues to be mocked as a coverup, undermining the integrity of the court.

In a 300-page report seen by POLITICO, Deputy Prosecutor Achilles Zisis stated that the use of spyware—which the government denied being behind—was merely coincidental to the National Intelligence Service (EYP) bugging the phones of 15,745 targets.

The report asserted that state officials weren’t responsible, a conclusion ridiculed by some of the targets, including journalists and PASOK Socialist leader Nikos Androulakis, whose phone was bugged, and who faced an attempt to install Predator spyware.

The report was forwarded to Adeilini, who did not take action against state officials, and instead, indicated that four executives of the company that developed the spyware—who had offices in Athens before the software’s sale was banned—would be charged with misdemeanors.

Media reports suggested that the report’s release was accelerated and timed for August, when Greeks traditionally go to their villages and islands, Parliament is out of session, and the public’s attention is diverted from the news.

Opposition parties derided the report as a whitewash aimed at protecting the government, which has refused to reveal the targets of the phone bugging, citing national security concerns, leading to the case essentially being shelved.

This comes in the wake of similar accusations from critics that investigations into other incidents, such as the deadly February 2023 train wreck and the sinking of a boat packed with refugees—killing hundreds, with survivors claiming it was caused by a Greek Coast Guard vessel attempting to tow it, which the agency denied—are also being kept under wraps.

Political rivals labeled the report’s release as a “day of shame,” but efforts by opposition parties, who are in the minority in Parliament, to conduct another inquiry were blocked by the majority of New Democracy lawmakers.

The scandal broke in August 2022 when an attempt was made to install spyware on the cell phone of Androulakis, who was then a Member of the European Parliament. His technical staff discovered the attempt before it could become operational.

The targets also included investigative journalist Thanasis Koukakis, whose phone was bugged and infected with spyware, for which he blamed the state. The scandal led to reports from civil rights organizations and the independent privacy watchdog ADAE.

ADAE found that Predator spyware was being used, but the New Democracy government denied any involvement. Zisis’ report confirmed that out of the 116 cases identified as spyware targets, 28 phone numbers were under lawful state surveillance at the time of the attempted hacks.

However, the Supreme Court assessed this as a “coincidence and the two methods of surveillance have no connection with each other,” a conclusion that led critics to ridicule it as unbelievable, accusing the court of trying to protect the government.

The report acknowledged that the Greek-based software development company Intellexa was associated with Predator and included evidence about its connection to the Greek software provider Krikel, which supplied the government from 2018-2022.

“The investigation was incomplete and superficial,” said Zacharias Kesses, an attorney defending Koukakis. He criticized the prosecutor’s office for not asking tough questions of those involved and for failing to call some individuals to testify.

Kesses added that Zisis did not investigate the bugging of top ministers, political leaders, and military officials, which he said were potential felonies. “Privileged treatment and immunity were granted to the members of the spy service and those who were responsible for its supervision,” he said.

The report stated that only the phones of Koukakis and former Meta employee Artemis Seaford were infected by the illegal Predator software, describing all other cases as merely attempts.

However, victims’ lawyers argue that there are others whose phones were infected, including former minister Christos Spirtzis. Zisis also did not request the opening of accounts linked to the companies affiliated with Intellexa.

Prime Minister Kyriakos Mitsotakis, who claimed he was kept out of the loop about the phone bugging before the scandal led to the resignation of his nephew—who was his liaison to EYP—and the intelligence service’s then-chief, said any wrongdoing came from “dirty networks” within the agency that he did not identify.

In March, the United States government announced a “first-of-its-kind” sanctions package against Intellexa and its leadership after the company was involved in targeting U.S. government officials. “Interceptions through the state service cannot be unchecked and unjustified,” said ADAE President Christos Rammos.

Zisis’ findings “disappointed all of us, ordinary citizens and legal experts alike, who want to believe in the integrity of the Greek justice system,” said Nikos Alivizatos, Professor Emeritus of constitutional law at Athens University.

https://www.politico.eu/article/greek-spyware-predatorgate-government-court-report-telephone/