From refusing to cooperate with spyware abuse investigations to cracking down on its blatant misuse, Poland has come a full circle.
The Polish prosecutor’s office has charged Michał Woś, a former Deputy Minister of Justice, with exceeding his powers and failing to fulfill his obligations. The charges stem from the unauthorized transfer of PLN 25 million [approximately US$6.45 million] from the Justice Fund to purchase the controversial Pegasus spyware for the Central Anticorruption Bureau (CBA).
The Polish parliament in June voted to lift Woś’s legal immunity in order to prosecute him for the part he allegedly played in buying the commercial spyware when in power.
Five-Year Surveillance History of Pegasus Spyware
The prosecutor’s office in April revealed that the government led by the conservative Law and Justice Party targeted nearly 600 people for Pegasus surveillance between 2017 and 2022. The investigation was first opened based on a Citizen Lab investigation from 2021 that determined Pegasus had infected the phone of Krzysztof Brejza, a member of the European Parliament for Poland. Brejza was an opposition figure at the time of infection in 2019. Text messages from his phone were doctored and then leaked.
The prosecutor’s investigation into irregularities within the Justice Fund uncovered evidence implicating Woś in the illicit transfer. The Sejm, Poland’s lower house of parliament, voted unanimously to allow criminal proceedings against him following a request from the Prosecutor General.
Woś is accused of abusing his authority by ordering the Justice Fund to pay the CBA the hefty sum for the Pegasus spyware, despite knowing that the agency did not meet the necessary criteria for receiving such funding. The Justice Fund is typically reserved for supporting other entities, and its resources cannot be used to directly finance the CBA’s activities, which are primarily funded through the state budget.
Possible 10-Year Sentence for Polish Official
The prosecutor argues that Woś’s actions caused significant financial damage to the Polish Treasury and undermined the public interest. The crime he is charged with carries a potential prison sentence of up to 10 years.
The prosecutor’s office has gathered substantial evidence to support the charges, including documents from the Ministry of Justice and the CBA, as well as findings from the Supreme Audit Office and the Chief Advocate for Public Finance Discipline. These materials clearly demonstrate that the Justice Fund could not legally transfer funds to the CBA for the purchase of Pegasus, the prosecutor’s office said.
After being charged, Woś appeared before the prosecutor and provided explanations for his actions. However, he did not admit to the crime he is accused of.
To ensure that the legal proceedings move smoothly, the prosecutor has imposed a preventive measure on Woś, requiring him to report to the police twice a month and prohibiting him from contacting certain individuals involved in the case. Woś has the right to appeal this decision.
The new administration in Poland has also recently signed a Biden administration pledge to counter the proliferation and misuse of spyware.
