Ernest Maragall i Mira Diputat

Mr David Kaye

UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression

Dear Special Rapporteur,

As you may know, a few days ago I found out that my mobile phone had been hacked with Pegasus spyware, created by the company NSO Group. This software, which can only be purchased by governments, allows the user to access all the information on the device and to monitor all conversations carried out near the device.

My right to privacy has therefore been seriously violated, as well as the rights of all those with whom I have been in contact with or with whom I have met during the time in which I was subject to this espionage. The right to privacy of correspondence and the right to carry out a political project without unlawful interference have also been violated.

Amongst the persecuted individuals, various political and civil society representatives can be found. Both the current President of the Catalonian Parliament and a member of the civil society with no direct relationship to political service are between the affected individuals. Truth be told, I am one of the individuals affected. However, this letter is not intended to highlight my position as an affected individual, but rather to reflect the persecution to a legitimate path: to a thought and idea construed under democratic values.

I was lucky enough to hold position as MEP from July 1 2014 until December 30 2016, becoming years later elected as Foreign Affairs, Institutional Relations and Transparency Counsellor of the Government of (Conseller d’Acció Exterior, Relacions Institucionals i Transparència del Govern de Catalunya). Through this political

Ernest Maragall i Mira Diputat

experience, I have gained a belief in Europe as a shared cultural and cooperation battleground, where we can together fight towards expansion of democratic values. Nowadays, more than ever, the European project and its values are essential, being subject to a compromise of maximum democracy and transparency.

Given the gravity of such facts, unprecedented within the democratic Europe, and taking into account that you had previously warned that by using the Pegasus software governments were violating the right to privacy and freedom of expression of journalists, politicians and human rights defenders, I would like to know if we could arrange a brief telematic meeting in order to explain to you the details of this case.

Please find attached several links from major news sources regarding the case:

- The Guardian https://www.theguardian.com/world/2020/jul/13/phone-of-top- catalan-politician-targeted-by-government-grade-spyware

- El País https://elpais.com/espana/2020-07-13/el-movil-del-presidente-del- parlament-fue-objetivo-de-un-programa-espia-que-solo-pueden-comprar- gobiernos.html

Spying on citizens and political representatives is an unacceptable and deplorable attack on the fundamental rights that we all enjoy, and if it comes to pass that no extensive investigation is carried out, the fact that the Spanish institutions may ignore these facts without taking the appropriate measures, obliges us to take all actions within our reach to prevent this kind of practice remain unpunished.

With best wishes,

Ernest Maragall i Mira

Barcelona, 27th July, 2020