Mexico: WPF Calls for Ongoing Investigation into Pegasus Surveillance of Carmen Aristegui Despite Acquittal
Charges against former employee of KBH TRACK, the company operating Pegasus in Mexico, dismissed due to insufficient evidence
Location: Mexico, Mexico City
Date: January 12, 2024
The Coalition For Women In Journalism and Women Press Freedom condemns the recent judicial verdict exonerating the lone defendant in the Pegasus Spyware case involving the esteemed journalist Carmen Aristegui. This case, emblematic of the broader issue of illegal surveillance of journalists, raises grave concerns about press freedom and the protection of journalists in Mexico. Carmen Aristegui has been subjected to unwarranted surveillance during her tenure as a prominent journalist. Her case represents a broader threat to the journalistic community, as it sheds light on the pervasive use of Pegasus software for illicit surveillance in Mexico. We stand firmly with Carmen Aristegui and call for a reevaluation of this case in court, with the aim of ensuring that justice is served. The court's decision to acquit Rodríguez does not close the chapter on the Pegasus case; rather, it underscores the urgency of a comprehensive investigation to hold those responsible accountable.
Carmen Aristegui, a journalist of considerable renown, was targeted with surveillance during the presidency of Enrique Peña Nieto, which encompassed the period from 2012 to 2018. The scandal involving the illicit use of Pegasus Spyware later progressed to legal proceedings where prosecutors diligently investigated the precise methods employed to target Aristegui.
On January 12, 2024, judge Luis Benítez Alcántara dismissed the charges against a former employee of KBH TRACK — the company that operated Pegasus in Mexico and signed contracts with the Army, ruling that the prosecution failed to provide sufficient evidence to prove the existence of the alleged crime or that Rodríguez had committed it. The ruling was delivered at the Federal Criminal Justice Center in Reclusorio Sur.
“The prosecution must find those responsible for this espionage, and not just in my case, but in all the cases”
Aristegui, present at the hearing, expressed mixed emotions about the ruling. While acknowledging that she had indeed been spied on, she noted that the prosecution had not met the necessary standards of proof to support her claims. She called on the prosecution to continue investigating the espionage allegations against her and other potential victims.
“The prosecution must find those responsible for this espionage, and not just in my case, but in all the cases,” Aristegui said. “The judge made it clear that the acquittal of JCGR does not mean that the Pegasus case is closed. Quite the opposite.”
According to The Pegasus Project, an international journalistic investigation, as many as 15,000 people in Mexico may have had their cell phone numbers compromised by the Pegasus software. Aristegui suggested that this could be the start of a larger legal process.
Aristegui also urged President Andrés Manuel López Obrador's government to keep its promise to make all documents related to the government's acquisition and use of the Pegasus software transparent.
Cuauhtémoc Vázquez, Rodríguez's attorney, applauded the ruling. He argued that Aristegui was indeed a victim of the Pegasus software, but he suggested that the real perpetrators were members of the previous government, led by former President Peña Nieto.
“It was the previous government that established these espionage operations, not our client or the Pegasus software,” Vázquez said. “These investigations must continue to get to the bottom of the matter.”
Aristegui became a prominent target primarily due to her uncompromising investigative journalism and critical analysis of political power abuses in Mexico. Her influential daily newscast, Aristegui Noticias, and prime-time talk show on CNN en Español have garnered attention and elicited reprisals, including targeted surveillance and gendered disinformation campaigns orchestrated by successive Mexican administrations. The incumbent President, Andrés Manuel López Obrador, has consistently singled out Aristegui, leading to heightened levels of online violence directed toward her.
The Coalition For Women In Journalism and Women Press Freedom stands firmly by Carmen Aristegui in her pursuit of journalistic integrity. We strongly denounce the persistent acts of targeting and surveillance directed towards her, which unjustly impede her ability to fulfil her professional duties and aim to discredit her work. Recognizing the vital role journalists play in providing essential information on significant social and political matters, we firmly insist that the investigation into Carmen Aristegui's case persists and those responsible for these actions are held accountable for their transgressions. In addition, we call on the Mexican government to implement requisite reforms aimed at preventing the abuse of surveillance technologies. These measures are necessary to safeguard against potential misuse and to ensure that the acquisition and utilization of such technologies adhere to ethical and legal standards.
The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help women career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.
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