According to the prosecution, the defendants failed to verify whether the system ensured the proper security classification of information processed by it. By allowing the deployment of the tool under these conditions, they allegedly breached legal requirements for the proper conduct of operational and reconnaissance activities and the protection of classified data. The prosecutors stated that these actions were committed “to the detriment of the public interest.” If convicted of abusing their powers, each suspect faces a potential prison sentence of up to three years. Both Pogonowski and Materka have denied any wrongdoing.
The legal proceedings mark a significant escalation in investigations into the use of Pegasus during the tenure of the former Law and Justice (PiS) government. Critics have long alleged that the spyware was purchased unlawfully and employed to monitor political opponents, journalists, and human rights activists rather than genuine criminal suspects. While the current charges focus on the administrative failure to ensure the software’s legal and technical compliance, they intersect with broader concerns regarding state surveillance and the rule of law in Poland.
Verified Targets and Civil Society Concerns
The urgency of these legal inquiries is underscored by independent technical verifications of Pegasus infections. Amnesty International has confirmed that Pegasus spyware was used to hack Polish Senator Krzysztof Brejza multiple times in 2019. At the time of the intrusion, Brejza was leading the opposition’s parliamentary election campaign. The organization’s director, Anna Błaszczak, noted that while the findings are shocking, they align with a broader pattern of concerns regarding the subversion of human rights and judicial independence in the country.
The targeting of a sitting senator during a critical election period has drawn international attention, with some observers comparing the revelations to the Watergate scandal in the United States. The use of such sophisticated surveillance tools in a European Union member state has raised alarms among civil society organizations. Amnesty International has called for a global moratorium on the export and use of surveillance equipment until robust, human-rights-compliant regulatory frameworks are established.
Technical investigations by the Citizen Lab at the University of Toronto and independent digital security experts have identified multiple high-profile victims of Pegasus in Poland. These include government critics and journalists. Although the specific identities of all operators remain under investigation, the presence of the malware on the devices of political figures and activists suggests a systematic approach to surveillance that bypassed standard legal oversight.
Legal and Political Context
The charges against Pogonowski and Materka represent the latest move by current authorities to scrutinize the security practices of the previous administration. The PiS party, which governed Poland until 2023, has consistently denied knowledge of the hacks and has at times dismissed the reported findings. However, the formal indictment shifts the narrative from political accusation to legal scrutiny, placing the issue before the judicial system.
The case hinges on the concept of “failure to fulfill duties” (niedopełnienie obowiązków) in the context of state security operations. Prosecutors argue that the leaders of the ABW and SKW had a legal obligation to ensure that any surveillance tools deployed by their agencies met strict security and legal standards. The lack of accreditation for Pegasus is central to the charge, implying that the state was operating with a tool that did not meet the mandatory legal requirements for handling classified information.
While the charges focus on the administrative and procedural failures of the agency heads, they also highlight the potential for abuse of power in the digital age. The case will test the boundaries of state surveillance powers in Poland and may have broader implications for how EU member states regulate the use of offensive cyber tools. As the trial proceeds, the defense will likely argue that the software was used in accordance with the laws in force at the time or that the lack of accreditation did not prevent the lawful collection of intelligence.
The next formal step in the legal process will be the hearing where the accused can either accept or reject the charges. This stage is critical in Polish criminal procedure, as accepting the charges may lead to a quicker resolution and potentially reduced sentencing, while rejecting them will result in a full trial. The outcome of these proceedings will be closely watched by legal experts and human rights organizations as a benchmark for accountability in state surveillance cases across the region.
Independent investigations continue to uncover the extent of Pegasus usage. Recent reports indicate that the spyware was also used to target journalists and activists from other countries, including Belarus and Russia, who were based in Poland and the Baltic states. While these specific cases are being investigated separately, they compound the narrative of a surveillance environment that has impacted not only domestic political figures but also the broader European civil society.
