Kaczyński has been summoned to provide testimony in the inquiry regarding the utilization of Pegasus spyware in Poland.
A newly formed parliamentary commission has been assigned the task of investigating the utilization of Pegasus spyware during the former Law and Justice (PiS) government's tenure, which includes allegations of its use against political opponents of the party. The commission, chaired by Magdalena Sroka, has outlined its objectives to identify those responsible for, affected by, and targeted by the Pegasus system. The aim is to shed light on the operational mechanisms of authorities seeking absolute power, violating democratic norms, and conducting surveillance on lawyers, journalists, and ordinary citizens.
Jarosław Kaczyński, the chairman of PiS, has been summoned as the commission's inaugural witness. The commission commenced its work today and will investigate the period spanning nearly the entire duration of PiS rule, from November 16, 2015, when the party assumed power, until November 20, 2023. The latter date is significant as it falls a month after PiS lost its majority in the elections but just before a new ruling coalition assumed office.
Sroka, the head of the commission, is part of the new ruling coalition and was previously associated with the Agreement (Porozumienie) party, which served as a junior coalition partner to PiS until 2021. She proposed summoning Kaczyński as the first witness, citing his acknowledgment of the official purchase of the Pegasus system as a critical aspect for the commission's inquiry. Kaczyński, who also served as the deputy prime minister overseeing state security from 2020 to 2022, is seen as a valuable witness due to his leadership position within the largest opposition party.
The majority of the commission members, which includes four MPs from PiS, voted in favor of summoning Kaczyński, along with other prominent figures like former security services minister Mariusz Kamiński and his deputy Maciej Wąsik, both of whom were recently imprisoned and later pardoned. The commission also plans to question Zbigniew Ziobro, the former justice minister under the PiS government, and Krzysztof Brejza, a member of the new ruling coalition who was subjected to Pegasus surveillance during his tenure as the election campaign manager for the main opposition party in 2019.
However, the commission rejected requests from PiS to question witnesses such as Paweł Wojtunik, the former head of the Central Anticorruption Bureau (CBA), prosecutor Ewa Wrzosek, and Warsaw mayor Rafał Trzaskowski. Wrzosek, known for her criticism of judicial reforms under PiS, was previously identified as a surveillance target using Pegasus. The commission's investigation comes amidst allegations that PiS politicians were monitored using the software during their time in power.
Prime Minister Donald Tusk emphasized the commission's responsibility to thoroughly investigate the use of Pegasus and dispel any ambiguity surrounding the issue. However, a PiS-appointed commission member cautioned against demonizing the use of surveillance software by security services, highlighting its role in combating criminal activities.
Last year, a European Parliament inquiry concluded that Poland had employed Pegasus for surveillance purposes against opposition members and government critics, aiming to maintain its hold on power. Subsequently, a commission formed by the Polish Senate deemed the PiS government's acquisition and use of Pegasus unlawful and declared the 2019 elections unfair due to its targeting of opposition figures. In December, a court ordered state broadcaster TVP to apologize to Brejza and compensate him for publishing private messages obtained from his phone using Pegasus spyware, during which TVP served as a partisan mouthpiece under the PiS government.