SYRIZA’s question to K. Mitsotakis about EYP monitoring

A question to Kyriakos Mitsotakis on the subject of mobile phone surveillance with the Predator software was submitted by SYRIZA MPs Giorgos Katrougalos, Nikos Voutsis, Spyros Lappas, Theofilos Xanthopoulos, Pavlos Polakis and Nikos Filis.

In the question, the SYRIZA MPs talk about attempts to cover up the issue and ask:

1. There was a reason of national security for which the EYP was requested, according to article 3 of Law 2225/1994, to monitor (connect) the mobile phone of the journalist Mr. Koukakis and who was he? Was there a relevant foreign secret service request and if so, which one?

2. Why was monitoring of Mr. Koukakis’ phone interrupted by the EYP? Has the national security reason disappeared? How do you explain that immediately after the interruption followed the surveillance, through the malicious software (spyware) Predator?

In detail, the question states:

To the Prime Minister

Subject: Monitoring of the EYP

An important issue of political life is the illegal surveillance through the malicious software (spyware) Predator and the attempts to cover it up by the Government. For this reason, SYRIZA-PS and PASOK-KINAL requested an extraordinary convocation of the Institutions and Transparency Committee, with the presence of the Governor of the EYP. After the end of the secret meeting, according to the Regulations of the Parliament, intense confusion was created in public opinion by contradictory publications, following government methods, as to what exactly Mr. Governor stated in relation to the reason of national security for which he was asked by the EYP, according to article 3 of Law 2225/1994, the monitoring (connection) of the mobile phone of the journalist Mr. Thanasis Koukakis and especially if this was done at the request of a foreign secret service.

Because the leaks from government sources are deliberately obfuscating the issue, in the context of the broader effort to downplay and cover up the case of illegal surveillance, detailed explanations should be given. And this is because the issue is of wider interest, given that whoever attempted the illegal surveillance of Mr. .Koukaki, after the stoppage of the law enforcement, is the same one who tried to contaminate the phone of the President of PASOK-KINAL, Mr. N. Androulakis, since in both cases the same trap link was used. It is recalled that immediately after Mr. Koukakis submitted a question to the Anti-Corruption Commission on whether his phone was being monitored, the EYP requested on the same day (12-8-2020) the cessation of the legal monitoring of him, to be immediately followed by the illegal monitoring of his via the Predator malware. And the government representative, in an attempt at obvious misinformation, was talking about differences between individuals.

The government’s cover-up responsibilities also arise from the fact that the government, with an amendment signed by its Vice-President, Mrs. Pikramenos, attempted to manipulate the competent independent authority, ADAE, by modifying, and indeed retroactively, its competence, so that it is prohibited to then the person being monitored must be informed, even if there is no public interest reason. The President of ADAE with his scientific article highlighted the unconstitutionality and opposition to the European Convention of the provision. As you know, we tabled an amendment to repeal this unacceptable regulation, which was rejected by the Government.

The issue is also of particular importance because the country has been exposed internationally, given that surveillance of journalists is one of the reasons for our country’s downgrade in international press freedom reports.

Due to the nature of the issue, the procedure that the Parliament has followed in the past should be followed on issues that are covered by confidentiality, such as e.g. in relation to the Prespa Agreement.

Following the above, the Prime Minister is asked:

1. There was a reason of national security for which the EYP was requested, according to article 3 of Law 2225/1994, to monitor (connect) the mobile phone of the journalist Mr. Koukakis and who was he? Was there a relevant foreign secret service request and if so, which one?

2. Why was monitoring of Mr. Koukakis’ phone interrupted by the EYP? Has the national security reason disappeared? How do you explain that immediately after the interruption followed the surveillance, through the malicious software (spyware) Predator?

Athens, 1/08/2022

The questioning members of parliament

George Katrougalos

Nikolaos Voutsis

Spyros Lappas

Theofilos Xanthopoulos

Pavlos Polakis

Nikos Philis

G. Katrougalos: The responsibilities are heavy

In his statement after the submission of the question, G. Katrougalos spoke of the prime minister’s “grave responsibilities” both for the surveillance as such and for the attempt to cover it up.

In detail, G. Katrougalos stated:

The SYRIZA-PS MPs of the Institutions and Transparency Committee tabled today, as we had previously announced, a question to the Prime Minister on the major issue for Democracy, the subject of surveillance.

We believe on the one hand that the Prime Minister bears heavy responsibilities both for the surveillance as such and for the attempt to cover it up and we believe that a lot of light should be shed on the case, after the disinformation campaign, which was made after government leaks, about what was actually disseminated at the last meeting of the Institutions Committee.

And before the Institutions Committee, what did we know? Firstly, that whoever was monitoring the phone of the journalist Mr. Koukakis, with the illegal software Predator, was the one who tried to monitor the phone of Mr. Androulakis. We know this because the exact same link, trap link, was used in both cases. We also know that Mr. Koukakis was monitored by the EYP through a legal procedure. It stopped monitoring him when he turned to the competent independent authority, ADAE, and asked for an explanation. Soon after, it began being tracked by the illegal Predator software. We also know from the report by Google and other organizations such as Facebook, and the University of Toronto laboratory, that Predator in Greece is operated “by entities that have government support”. We also know the government’s attempts at cover-up and misinformation. The government representative was speaking, regarding the Koukakis case, about disputes between individuals, while as I told you, the EYP was watching. Shortly after the request submitted by Mr. Koukakis to be informed of what is being done, with an amendment signed by the Deputy Prime Minister, Mr. Pikramenos, an attempt was made to manipulate the competence of the independent authority, ADAE, and to no longer allow anyone to be informed monitored, for monitoring it, Even if there is no public interest reason for it. We tabled an amendment to abolish this unacceptable regulation and to restore the legislative framework as it was in force, with the strengthening of the authority of the National Anti-Corruption Commission.

So we have emphasized to the government and we have warned it. We will not let this major issue of rights and democracy, which undermines the quality of political life and exposes our country abroad, and is one of the reasons Greece has been downgraded in press freedom reports, pass so. First step is to submit this question, more will follow.