Filenews 10 May 2023 - by Fanis Makrides
Cyprus is now considered internationally and undoubtedly an export hub for surveillance software.
The special committee of the European Parliament (PEGA) set up to examine the use of systems for intercepting private communication between member states of the European Union, approved yesterday the facts report on its investigative work over a period of one year and the accompanying text of recommendations.
These two reports present our island as a distribution centre for such software and will be approved at the plenary session of the European Parliament in June (12/6/2023). Regardless of the outcome of next month's vote, the fact that this 38-member special body (PEGA) has voted in favour of the two texts gives official form and therefore substance to the relevant remarks. Indeed, the result of yesterday's vote sends a strong message, as the overwhelming majority of PEGA executives - 30 MEPs in total - approved their final content.
Regarding the reports on our island, the recommendation notes among other things that the Committee of Inquiry concludes that "there is evidence of maladministration in Cyprus regarding the implementation of the European Union regulation on dual-use items, which requires close supervision". As is well known, these items (dual use) receive this designation because they can be used either in a positive way for society, or maliciously.
Elsewhere, Cyprus is called upon to thoroughly evaluate "all export licenses it has issued for spyware and revoke them where necessary," but also to review "the sending of surveillance software material between the European Union market, between member-states, and to map the various Israeli companies or companies controlled by Israeli citizens registered in Cyprus and engaged in such activities."
In the 23rd point recorded in the recommendation report, Cyprus is not only presented as an export centre, but also as a country from which software is exported to repressive regimes around the world. The situation in some member states is also cause for concern, more specifically considering the presence of a lucrative and growing surveillance software industry that benefits from the Union's good reputation, simple market and free movement, motivating member states such as Cyprus and Bulgaria to become an export hub for surveillance software to repressive regimes around the world.
In addition, the Cypriot authorities are invited to release the findings of the surveillance van case and to investigate with Europol all allegations of illegal use and export of spyware against journalists, lawyers and citizens.
There is also talk of the need for Cyprus and Israel to join the Wassenaar Pact. It is added that the European Commission should help our state. Cyprus has applied to join the pact, but Turkey vetoed it, as it was known in 2006. The Wassenaar Pact has been signed by a large number of countries in order to have adequate Control of Exports of Conventional Arms and Dual-Use Items and Technologies (such as spyware), with a view to international control.
Among other things, the report proposes that the European Commission control dual-use exporting countries, such as Cyprus and Bulgaria, or strengthen the relevant regulation to avoid exports to other countries' regimes.
Our island is also referred to as a base for companies that trade software such as Pegasus (NSO) and Predator (Intellexa).
Before the report was finalised, 805 amendments were examined. Indicative of the battles fought to get it in its final form and be approved. It was finally voted on yesterday by 30 votes in favour and 5 against (2 abstentions).
As far as the report of facts is concerned (30 votes in favour, 3 against and 4 abstentions), the revealing reports of "F" were fully adopted, as well as the testimony of the signatory to the PEGA committee during the visit of a delegation to Cyprus on 1 November.
Specifically, 18 times there are references to articles of our newspaper that were transferred to the philenews website and another nine references to our testimony and our 45-page report, which we had forwarded by hand to the members of the committee. In it, we recorded our reports from 2017 until the autumn of 2022 and included documents, including a secret police report (9/2016), receipts for export licenses granted by the Trade Service, as well as an email from an Israeli businessman to the offices of the Democratic Rally, in order to obtain assistance from the latter and export software from Cyprus to the Netherlands. The reports documented the State's harbouring of companies dealing with surveillance software, the lax regulatory framework for the export of such software, and generally the tolerance of officials of the Cypriot State. This factual report has been processed. There were numerous suggestions for amendments (many rejected) by PEGA MEPs, as well as compromises before it took its final form.
President PEGA: "Analogue software use"
It should be noted that many points and suggestions in the texts, respectively, concern Greece, Poland, Hungary and Spain. A correlation is made between the scandal that preoccupied Cyprus in 2019 and the wiretapping case that concerned Greece. Tal Dillian and Avraam Sahak Avni, who have been dealt with by Cypriot authorities since 2019, have reportedly moved their activities to Greece. A company of Dillian interests bought the Predator software, with which Thanasis Koukakis' device was infected.
Following yesterday's vote, committee chairman Jeroen Lenaers (EPP, NL) said the investigation had made clear that spyware had been used to violate fundamental rights and endanger democracy in many EU member states, Poland and Hungary being the most blatant cases. as he said. "The use of spyware must always be proportionate and approved by an independent judiciary, which is unfortunately not the case in some parts of Europe," he said. The rapporteur for the reports, who together with her colleagues made a titanic effort, Sophia in 't Veld (ALDE, NL), commented that there were still many steps to be taken. He explained that "no victim of spyware abuse has been given justice. No government has been held accountable. Member states and the European Commission should not be complacent, because I intend to persist in this case until justice is served," he said. He praised journalists and active citizens for their investigations and work that brought the cases to light.
EYEWITNESS
There is no other choice
Unfortunately, the fears we have been expressing since 2017 about unaccountability in relation to surveillance software and companies that had Cyprus as their "incubator" have been confirmed. Our reports, and especially the reports published in "F" from August 2022 until the end of last year, were edited by 38 MPs, their groups and finally adopted. Even if in some cases a brief reference to them was chosen. The issue, of course, is that what the committee of the European Parliament acknowledged, was not recognized by the outgoing government, referring to the arbitrary connection of Cyprus with a scandal that was rocking Europe. Now, the current rulers have no choice but to look into the issue and ensure that there is an adequate framework
