Greek Court Begins Trial Over Predator Spyware Scandal

A trial concerning the illegal wiretapping of politicians and journalists using the spyware known as Predator commenced on March 6, 2024, at the Athens Criminal Court in Greece. This case has emerged three years after a scandal that significantly impacted the political landscape of the country. Four defendants, including two Israelis and two Greeks, face charges for the “violation of telephone communication secrecy,” which carries a maximum penalty of five years in prison.

The case involves three former executives from the Greek company Intellexa, which marketed the Predator spyware within Greece. This software enables cybercriminals to access private communications, photos, and even remotely activate a device’s microphone or camera. In 2023, Intellexa was added to a list of companies banned in the United States due to its association with national security threats, alongside Cytrox, the developer of Predator based in North Macedonia.

Thanassis Koukakis, a financial journalist who was one of the main victims of the wiretapping, described the situation as “a true violation of the rule of law.” He uncovered the scandal in early 2022, which led to significant political repercussions, including the resignation of the head of Greece’s EYP National Intelligence Service and the prime minister’s top aide, who is also his nephew.

Koukakis has filed a civil lawsuit in connection with the trial, stating that his surveillance began with EYP in 2020, prior to being targeted with Predator in 2021. He noted, “The government tried to downplay the case at the start despite media revelations to shield the real political culprits.”

The scandal gained widespread attention in July 2022 when Nikos Androulakis, leader of the opposition party Pasok-Kinal and a former member of the European Parliament, disclosed that his phone had been targeted by the spyware. This revelation unveiled a larger surveillance network and accelerated judicial inquiries into the matter.

In response to the unfolding events, Prime Minister Kyriakos Mitsotakis faced a motion of no confidence in parliament, although he maintained that the surveillance conducted was legal. Following the public outcry, the Greek parliament has since prohibited the use of spyware, and lists of individuals who were targeted—including ministers, military officials, journalists, and business executives—were later leaked to the press.

Koukakis, who was investigating corruption at the time of the wiretaps, labeled the situation a “political scandal.” Reporters Without Borders (RSF), a press watchdog, stated that the case represents “a new blow to media freedom” in Greece. A group of those targeted, along with the Authority for the Protection of Communications Secrecy (ADAE), brought the case before the European Parliament in 2023, criticizing “the delay in the investigation” and “the government’s intervention in the ADAE.”

Koukakis emphasized, “This scandal constitutes an institutional violation due to the executive’s interference in independent authorities and the judiciary. It’s a real violation of the rule of law.”

In 2022, members of the European Parliament urged for stricter regulations to prevent the use of spyware, specifically mentioning Hungary, Poland, Greece, Spain, and Cyprus as countries suspected of utilizing such technology.

The case, initially encompassing various charges, has now been narrowed to a single offence. Koukakis’s attorney, Zacharias Kesses, criticized the lack of prosecutions against any politicians involved and highlighted the evidence of serious crimes. “The first is the violation of personal data, and the second, the violation of state secrets,” he stated, referencing documented wiretaps of military leadership and half of the cabinet ministers.

Over ten individuals, including Androulakis, have filed civil suits related to the case. Kesses noted that the proceedings involve thousands of pages of documentation, suggesting that the judicial process will extend over several months. The intricate details of the trial and its implications for media freedom in Greece continue to resonate, as the nation grapples with the fallout from this significant scandal.