Former Polish intel chiefs charged over ‘Israeli spyware’ use

The ex-heads of Poland’s domestic and military intelligence are being prosecuted for alleged use of the software without proper clearance

The former directors of Poland’s Internal Security Agency (ABW) and the Military Counterintelligence Service (SKW) have been charged for allegedly using Pegasus spyware, the national prosecutor’s office has announced.

After Prime Minister Donald Tusk’s government took over in late 2023, it launched multiple inquiries into the alleged use of the controversial software developed by the Israeli-based NSO Group. The new authorities have claimed the program was widely used by the former Law and Justice (PiS) government to spy on opposition politicians. Former officials, however, have insisted the accusations are politically motivated.

The head of the ABW, Piotr Pogonowski, and the ex-chief of the SKW, Maciej Materka, are both now facing accusations of breaching their official duties, the prosecutor’s office said on Wednesday. The charges, which carry a penalty of up to three years behind bars, are related to the alleged use of Pegasus without proper clearance and “without checking whether this system meets the requirements of information protection,” the prosecution said. Both former officials have denied any wrongdoing and refused to testify, it noted.

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Ex-Justice Minister Zbigniew Ziobro has also been implicated in the Pegasus scandal. Last September, he was detained and brought before a parliamentary commission investigating the use of the Israeli-made spyware. He admitted initiating the purchase of Pegasus. Ziobro claimed it was used to “pursue criminals, not political opponents” and was overall a “good decision.” 

Shortly after the hearing, the ex-minister faced 26 criminal charges, including embezzlement of state funds, leading a crime group, and interfering with tender offers. Ziobro had his immunity waived and an arrest warrant was issued in November last year, while he was in Budapest. The politician denied all charges, opting to stay in Hungary and receiving political asylum there early in January.  

First identified in 2016, Pegasus software has been the centerpiece of multiple high-profile scandals worldwide, with officials repeatedly caught using it for questionable goals. The program is designed to target iOS devices and is believed to be capable of call snooping, reading text messages, location tracking, collecting passwords, and other malicious activities.