Photo : REUTERS/Amir Cohen
12 January 2022, Wednesday | NIAS Europe Daily Brief #96
IN FOCUS
By Ashwin Dhanabalan
Poland’s Pegasus Row: A Polish Watergate?
What is Pegasus?
Pegasus is a malware that allows its users to remotely hack into Android, Blackberry, iOS, and Symbian operating devices, turning them into remote surveillance systems without the knowledge of the phone's owner. An investigation into Pegasus in 2021 found that it was created by an Israeli company and used by many governments worldwide to spy on opponents, journalists, activists, and politicians. The Israeli-based firm clarified that the software was created to counter and monitor criminals and terrorists. However, due to leaks in July 2021, the International Consortium of Investigative Journalists (ICIJ) published on the true usage of the software. The findings indicated it was used to target individual phones of people such as the French President Emmanuel Macron and the former journalist Jamal Khashoggi's wife. In addition, autocratic states like Azerbaijan, Saudi Arabia, the UAE, and Morocco were using the software; in 2021, Hungary was the only known user in the EU.
Poland's acceptance of owning Pegasus
On 07 January, Poland's ruling Law and Justice party (PiS) Chairman Jarosław Kaczyński confirmed the country had the hacking software system. However, he denied that it was used against the opponents in the 2019 elections; he stated: "the opposition's stories about the use of Pegasus for political purposes are utter nonsense." Kaczyński further justified Poland’s need for the software, saying: "Pegasus is a program that is used by services combating crime and corruption in many countries...It would be bad if the Polish services did not have this type of tool." Kaczyński in December 2021 had denied knowing about the malware and the government had downplayed the idea of owning it.
Is this Poland's Watergate moment?
Kaczyński’s acceptance of Poland having the software, triggered both Poland and the EU. Furthermore, the incident provided a broader perspective on Poland's controversial media law and its rule of law challenge with the bloc. The recent revelations by Polish authorities have also drawn a comparison to the 1970s’ Watergate scandal of the US. Poland's next steps could be similar to what happened in the US, where it could bring the Polish President to the spotlight and highlight the country's violation of the EU's rules on private communications and data protection. This could further initiate measures by the EU to take action against Poland under the infringement of the bloc’s rule of law.
Implications on the EU's rule of law
On 09 September 2021, Members of the European Parliament (MEP) discussed the use of Pegasus and how the spyware was being used by governments in the EU. A French MEP said: "We need to enquire very specifically on the Pegasus case and disclose everything about it and put the governments in front of their responsibilities." This came in light of the Hungarian Prime Minister Viktor Orbán stating that he used it for his own political advantage. On 21 December 2021, the concerns of the spyware in the region pushed the EU to reconsider tightening its rules on the use of such technology by authoritarian regimes. Concerning Poland's use of Pegasus, Dutch liberal MEP Sophie in 't Veld called on the Council to take necessary action and to not brush it off. She added: "What is happening here (in Poland) is no longer a democracy. It's no longer a rule of law."
References:
"Ruling party figures say Poland has Pegasus spyware," Reuters, 07 January 2022.
Zosia Wanat, "Poland's Watergate: Ruling party leader admits country has Pegasus hacking software," POLITICO, 07 January 2022.
Sophia Khatsenkova, "'Polish Watergate': Tensions grow as Polish government pushed to investigate spyware claims," Euronews, 06 January 2022.
Laurens Cerulus, "Polish spyware scandal stokes tensions with Brussels," POLITICO, 21 December 2021.
"Governments using Pegasus spyware should be held responsible, says MEP," Euronews, 09 September 2021.
IN BRIEF
By Joeana Cera Matthews and Padmashree Anandhan
BULGARIA
ECtHR rules Bulgarian surveillance laws to be in breach of ECHR
On 11 January, the European Court of Human Rights (ECtHR) ruled that Bulgaria's surveillance laws were in breach with the European Convention of Human Rights (ECHR). According to the ruling, Bulgaria’s legislation had violated the human rights convention in terms of “respect for private life and correspondence and retention and accessing of communication data”. Grounds for violation also include the absence of clear regulation and incapacity to limit the secret collection of communication data. Thereby, due to the ruling, Bulgaria will now have to change its domestic laws to render it consistent with the ECHR. (“Bulgaria's surveillance laws violate European human rights code, court rules,” Deutsche Welle, 11 January 2022 )
HUNGARY
Election 2022: Parliamentary elections scheduled for 03 April
On 11 January, President Janos Ader’s office declared that the Hungarian parliamentary elections would be held on 03 April. The elections will be conducted alongside the long-expected and Fidesz party-proposed referendum on LGBTQ issues. For the first time, Prime Minister Viktor Orban will run against a strong opposition as opinion polls predict a close race. The opposition alliance, led by Peter Marki-Zay, is a six-party entity involving the Democratic Coalition, the Socialists, liberals and the centre-right Jobbik. (Krisztina Than, “Hungary sets April 3 election with PM Orban facing united opposition,” Reuters, 11 January 2022)
THE UNITED KINGDOM
More migrants cross the English Channel
On 11 January, close to 100 migrants crossed the English Channel using small boats. Despite the UK's investment in France to prevent migrant crossings, the number of people who have crossed the Channel is three times the number in 2020. According to the Minister of Justice and Tackling Illegal Migration Tom Pursglove: “People fleeing persecution should seek safety in the first safe country they reach and not risk their lives paying criminal gangs to cross the Channel.” The UK government is currently reforming its approach to asylum seekers and illegal entries in order to take a tougher stance against exploitation of its laws. It also plans to consider those who illegally arrive in the UK as committing a criminal offense under the Nationality and Borders Bill. (“Channel migrants: Three boats with 96 people make the crossing,” BBC, 11 January 2022)
UKRAINE
Zelenskiy hopes Normandy Format talks to stabilize eastern Ukraine
On 11 January, President Volodymyr Zelenskiy announced the country’s resolve to undertake appropriate decisions to stabilize the Donbass region via the Normandy format talks. In a statement, he said: “It is time to agree on an end to the conflict, and we are ready for the necessary decisions during a new summit of the leaders of the four countries.” The Normandy Format talks include Ukraine, Russia, France, and Germany. Reuters reported a French presidential official to have reported Russia’s Chief Negotiator Dmitry Kozak along with Zelenskiy and his Chief of Staff Andriy Yermak to have approved the talks. The French official is said to have added: “The difficulties remain. We are not under any illusions, but we think we can hold a first meeting of the Normandy format advisers by the end of January.” (“Ukraine ready to take decisions to end war at new four-way summit -president,” Reuters, 12 January 2022)
COVID-19
WHO Director predicts half of Europe to be infected in next six weeks
On 12 January, the WHO issued a warning that half of Europe would probably be affected by the new COVID-19 variant Omicron between six to eight weeks. The projection was done based on the number of new cases reported in Europe during the first week of 2022. According to the WHO Regional Director Dr Hans Kluge: “How each country now responds must be informed by its epidemiological situation, available resources, vaccination uptake status and socio-economic context.” Although the new variant is considered less threatening, the infection spread rate is high and can infect those even fully vaccinated. (“Covid: Half of Europe to be infected with Omicron within weeks – WHO,” BBC, 12 January 2022)
INTERNATIONAL
Ukraine: Russia conducts live-fire drills post Geneva talks
On 11 January, Russia executed live-fire drills with its troops stationed near the Ukrainian border. Reuters reported the continuation of drills near the border implied the reduced possibility of a Russian retreat. In fact, Kremlin spokesperson Dmitry Peskov stated that although the 10 January Geneva talks were frank and useful, there were no breakthroughs. The US Under Secretary of State Victoria Nuland expressed her disappointment in Russia’s lack of satisfaction from the talks and added that the drills went in “exactly the opposite direction” of the talks’ motive. Following the Geneva meeting, Russian Deputy Foreign Minister Sergei Ryabkov said: “For us it’s absolutely mandatory to make sure that Ukraine never, never, ever becomes a member of NATO.” Meanwhile, the US Deputy Secretary of State Wendy Sherman said: “We were firm ... in pushing back on security proposals that are simply non-starters to the United States.” (Dmitry Antonov and Tom Balmforth, “Russia holds tank drills near Ukraine, sounds downbeat on talks,” Reuters, 12 January 2022)