CNI Confirms Supreme Court-Approved Surveillance of Two CUP Ex-MPs

Spain's intelligence agency monitored the phones of David Fernández and Carles Riera with Supreme Court approval after the Catalan independence verdict. The government has now declassified key details for the Barcelona court investigating Pegasus use.

The Spanish government has officially acknowledged that the Centro Nacional de Inteligencia (CNI) monitored the mobile phones of former CUP deputies David Fernández and Carles Riera, acting under Supreme Court authorization in the aftermath of the Catalan independence trial. This admission, delivered to the Barcelona court investigating the Pegasus spyware scandal, marks a significant development in the ongoing scrutiny of state surveillance practices targeting pro-independence figures.

According to the declassified report submitted by the Council of Ministers, the CNI intercepted communications and examined the devices of Fernández and Riera following the Supreme Court's sentencing of Catalan leaders. Both politicians, previously active in the Catalan Parliament for the anticapitalist and pro-independence CUP, became subjects of intelligence operations justified by alleged threats to national security. The government maintains that all actions were legally sanctioned by the Supreme Court judge overseeing intelligence services.

The surveillance of Fernández began in late 2019 and continued until June 2020, coinciding with the period immediately after the high-profile verdict that sent several independence leaders, including Oriol Junqueras, to prison. Although Fernández had stepped back from formal politics, he remained closely linked to independence activism and post-sentencing mobilizations. Riera, meanwhile, was monitored from June 2020 to May 2022, a timeframe that overlapped with his tenure as a sitting deputy in the Catalan Parliament.

Notably, Fernández's name did not appear in the 2022 list of 18 individuals reportedly surveilled by the CNI, which was presented by former intelligence chief Paz Esteban to a closed-door parliamentary commission. Riera, however, was included in that list. Both Fernández and Riera had previously filed legal complaints after Citizen Lab, a Canadian research group, revealed traces of Pegasus spyware on their devices.

The government’s report also addresses the case of Albert Botran, another former CUP deputy. Despite technical evidence from Citizen Lab indicating Pegasus activity on his phone, officials deny that Botran was ever targeted by the CNI. The declassification now allows CNI director Esperanza Casteleiro to brief the court on the specific activities that prompted the surveillance, though the government has ordered that any Supreme Court documents revealing intelligence methods or sources remain partially redacted.

Spain’s use of Pegasus has triggered multiple judicial investigations, with at least ten separate cases currently open in Barcelona courts. The controversy has drawn comparisons to other high-profile legal disputes involving Spanish security forces, such as the ongoing proceedings against former police officials, as highlighted in a related report on legal challenges faced by ex-police leadership .

The Pegasus affair has intensified debate over the balance between national security and civil liberties in Spain. Pegasus, developed by Israel’s NSO Group, is a sophisticated spyware tool capable of extracting data and intercepting communications from targeted smartphones. Its deployment by state agencies has raised concerns across Europe oversight, judicial control, and the protection of political dissent. In Spain, the revelations have prompted calls for greater transparency and stricter safeguards on intelligence operations, especially when they intersect with political activity. The ongoing court cases are expected to shape future policy on surveillance and privacy rights in the country.