The head of the Central Court of Instruction number 4 of the National Court, José Luis Calama, has rejected the request of the Government of Catalonia to enter the Pegasus case as a popular accusation because he understands that a public legal person does not have legal authorization, that is to say , is not entitled to participate in a procedure in this way.
In an order notified this Wednesday, Calama states that neither the doctrine of the Constitutional Court nor the jurisprudence of the Supreme Court on the Law of Criminal Procedure establish that a public entity can exercise popular accusation, nor does the regional regulation invoked by the Generalitat de Catalonia when he asked to access the cause.
In line with the position of the Prosecutor's Office, he answers that the public action in the criminal procedure corresponds exclusively to the Public Ministry
, «having no place for the exercise by public legal persons of popular action outside of the cases in which this possibility is legally contemplated, without there being any specific legal provision in the present case in which the person sought by the the Generalitat”.
Calama is investigating the espionage with the Pegasus software that at least the Prime Minister Pedro Sánchez and the Ministers of Defense (Margarita Robles), Interior (Fernando Grande-Marlaska) and Agriculture (Luis Planas) would have suffered based on the complaints filed on behalf of them, the State Attorney after an analysis of their mobile phones that confirmed that they were infected and different amounts of data were stolen. The case, due to the revelation of secrets, is being followed behind closed doors.