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FGR appeals ruling in Pegasus spyware case and initiates investigation against judge

Mexico City, Mexico — The General Attorney of the Republic (FGR) of Mexico has filed an appeal against a judicial ruling. The FGR is appealing the ruling by Judge Alejandra Domínguez Santos to bring Judith “G,” to trial.

According to the FGR, Judith “G” is the person likely responsible for the 2014 illegal acquisition of Pegasus spyware to a tune of over 460 million pesos.

“Regarding the illegal acquisition of spy equipment (PEGASUS) by the then Attorney General’s Office in 2014, the current Attorney General’s Office requested that Federal Control Judge Alejandra Domínguez Santos bring the person likely responsible for the illegal acquisition, Judith “G,” to trial,” they reported.

“After two and a half years of unlawful delay, the judge granted the hearing to determine the alleged perpetrator who was charged with the following crimes:

Improper use of powers and authority by failing to comply with the obligation to supervise such illegal contracting, as provided for in Article 18 of the Regulations of the Organic Law of the then PGR.

Embezzlement, by participating in the illegal diversion of resources, without the risk, urgency or confidentiality necessary for these purchases. Fraud, by failing to fulfill its obligations and participating in an operation that clearly seriously damaged the Institution’s assets, for the benefit of the supplier.

She is also facing charges of criminal association by participating in the crimes previously mentioned, together with other public servants of the Institution,” they explained.

“In short, having allowed the illegal acquisition of these spying equipment, without proving that there was a need for it, paying 460 million pesos, which caused serious irreparable damage to public assets. Despite all the evidence offered by the Prosecutor’s Office, the Control Judge decided not to charge her.

“Based on the above, the Attorney General’s Office has already initiated the corresponding appeal; it will also immediately initiate an investigation against Control Judge Alejandra Domínguez Santos for crimes against the administration of justice,” they said in a statement.

On June 19, 2017, The New York Times published a report on possible cases of espionage carried out by the Mexican government against journalists and human rights defenders through the use of Pegasus malware.

In response to the report, several civil society organizations filed complaints with the FGR regarding the documented cyberattacks. In July 2017, MCCI revealed in a report that the company Tech Bull, who acted as an intermediary for the sale of Pegasus to the then-PGR, was owned by two men with no experience in national security.

FGR appeals ruling in Pegasus spyware case and initiates investigation against judge

The investigation conducted by the then-Attorney General’s Office (PGR) has been fraught with serious irregularities, one of which included the uninstallation of the software. The then-Attorney General’s Office uninstalled the Pegasus malware from its computers which resulted in the destruction of evidence.

In October 2022, several organizations reported that three journalists were spied on using this same malware by the Mexican Ministry of National Security (Sedena) in 2019. Leaks from the Guacamaya group confirmed the existence of a contract between the Mexican Ministry of National Security (Sedena) and the NSO Group’s representative in Mexico, the creator of the malware.