The Council of Europe has asked Belgium to clarify how it is using spyware and has given the country three months to respond.
After having been identified as a recent purchaser of the technology, Belgium has been called in to explain how it has used the surveillance technology, which can infect any individual’s mobile phone – often without even needing to click on a link.
Belgium will now need to clarify to the Parliamentary Assembly of the Council of Europe (PACE) how it uses spyware, and the mechanisms in place to oversee it, within three months.
The Assembly said secret surveillance of political opponents, public officials, journalists, human rights defenders and civil society for purposes other than those listed in the European Convention on Human Rights, such as preventing crime or protecting national security, would be a clear human rights violation.
“Given its intrusiveness, states should refrain from using such spyware until their laws and practice on secret surveillance are in line with the Convention and other international standards,” the PACE committee said.
Use in Belgium
In April 2022, it was revealed that the Belgian Federal Police was using Pegasus, the controversial spyware technology, for certain investigations, despite the technology being under investigation by the European Parliament for alleged breaches of EU law.
In June, Belgian police discovered spyware on the phone of number of police officers and magistrates in Belgium. These included Michel Claise, the former leading judge of the Qatagate case, who was forced to resign from the case over an uncovered conflict of interest.
Belgian-turned-EU officials Didier Reynders and Charles Michel when they were Belgian Foreign Affairs Minister and Prime Minister respectively in 2019. Credit: Belga / Bruno Fahy
Other high-profile victims include EU Council President Charles Michel when he was a minister in Belgium in 2019, and Belgian politician and current EU Commissioner Didier Reynders was also targeted in 2021 with spy software designed by an Israeli surveillance firm.
On Thursday, the Parliamentary Assembly of the Council of Europe (PACE) passed a resolution seeking an explanation from "other member states that appear to have purchased or used Pegasus", including Belgium, Germany, the Netherlands and Luxembourg.
Action needed
The Assembly's resolution also demanded that five member states should urgently investigate spyware abuse. Poland, Hungary, Greece, Spain and Azerbaijan have all been asked to promptly investigate all cases of abuse of spyware, sanction any they find, and provide redress to victims.
The parliamentarians also asked for information from Israel, a PACE observer state, on how it ensures that Pegasus, which is marketed by an Israel-based company, is not exported to countries where it could be used to violate human rights.
Last week, MEPs voted on the European Media Freedom Act and stressed that surveillance of journalists in the EU, including through the use of spyware, should only be used as a "last resort," while campaigners and journalism association are calling for a full ban.
