One year after the publication of the investigation “Spy Government: Systematic monitoring of journalists and human rights defenders in Mexico” and the filing of a formal complaint with the Attorney General’s Office (PGR) for acts of espionage through the use of Pegasus malware, impunity has prevailed.

During this year, the conviction has been strengthened that the Federal Government was behind the attacks with Pegasus malware and that there is neither the will nor the capacity to carry out an independent, impartial, exhaustive and professional investigation.

For example:

  • In total, more than 100 attempts of infection with Pegasus malware have been documented against more than 20 journalists, human rights defenders and activists in Mexico.
  • The Criminal Investigation Agency (AIC) of the PGR has acknowledged having acquired licenses for the use of Pegasus malware and having operated it from the PGR facilities in Mexico City, referring in a surprising and implausible way that does not have a record of people who have been monitored through the use of Pegasus.
  • The PGR, through the Specialized Prosecutor’s Office for the Attention of Crimes against Freedom of Expression (FEADLE), has refused to carry out a diligent, professional investigation with guarantees of independence. On the contrary, the victims have had to resort to the Judicial Branch of the Federation, which has already formally recognized the lack of due diligence on the part of the PGR and has ordered it to exhaust all lines of investigation, stating that more than on telephones of the victims the investigation should be about the authorities that used the Pegasus software.
  • Journalistic investigations have shown that behind the contracting of Pegasus software there could be a corruption scheme linked to relevant members of the Federal Government. However, the institutions that make up the National Corruption System have disowned the call of the Citizen Participation Committee to formulate the warrant to investigate possible corruption offenses as well.

At the same time, this year of failed research has continued the expressions of international concern about the use of surveillance technology against activists, journalists and human rights defenders in Mexico. Thus, throughout this year, various national and international bodies spoke on the case, highlighting special procedures of the UN and the United Nations High Commissioner for Human Rights, the IACHR, members of the United States Congress, the core of civil society organizations of the Alliance for Open Government (AGA), the Inter-American Press Association and people like Edward Snowden.

In this context, it should be emphasized that in the Joint Report of the United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Rapporteur for freedom of expression of the IACHR on its mission to Mexico is recommended:

  1. “Conduct an independent investigation into the acquisition and use of malware (including” Pegasus”) to monitor journalists, activists and human rights defenders. An investigation of this type must be independent of the federal government and the governments of the states that, presumably, have bought or used the spy program and include experts from academic and civil society organizations, including, potentially, from countries foreign. Meanwhile, in any investigation that is in progress, the rights of those who are the object of surveillance actions must be respected, including their security and privacy.
  2. Establish a legal framework to protect people from arbitrary or clandestine interference in their privacy, including the protection of journalistic sources in accordance with international standards on the subject. Guarantees and judicial supervision measures must be established by the state agencies involved in surveillance, within the permissible limits in a democratic society. Mexico should consider the possibility of creating an independent body to effectively supervise the State’s surveillance tasks.”

Only by complying with the recommendations will it be possible to avoid impunity in the case and guarantee that such abuse of public power, absolutely incompatible with the minimum principles of a democratic State of law, will not be repeated in the future.

Therefore, faced with the proven and repeated inability of the Federal Government to investigate itself and face the electoral situation in the country, we call for the different political actors that dispute the popular vote to adopt clear positions on the need to investigate illegal espionage in Mexico and to adequately regulate surveillance tasks.

CONTACT:
contacto@r3d.mx
jvazquez@article19.org
Phone: (55) 68219917