Maybe it was inevitable, but it shouldn’t be. When it occurs the leaking of sensitive official documents, whether they are draft sentences, videos of police investigations submitted to summary secrecy or even, as now, nothing more and nothing less than a document related to thethe secret services of the State, the first thing to feel is astonishment that there are people so absurdly gossipy as to not be able to take seriously the responsibilities inherent to the position for which he receives a salary that we all pay with our taxes. And that, furthermore, he always finds a journalist to act as a transmission belt, for who knows what reasons, although this is perhaps the least important thing, given that Freedom of information is one of the essential pillars of democracy.
But now we already have a paragraph, it is not known whether it is literal or not, or accompanied by what other reasoning, about the secret investigation – that is to say – of pro-independence politicians. What has transpired cannot be interpreted with prejudice. It would be easy to say that the CNI was investigating very serious crimes that compromised national security, insinuating Russian contacts with the pro-independence world or mentioning that phantom platform of mobilizations that led to violence –Tsunami democràtic– and that vanished even more unexpectedly than it had appeared. And it could also be said, echoing the other sector of opinion, that this is nothing more than another chapter of a dirty war against the independence movement orchestrated from the same secret services that did not detect those famous ballot boxes.
Everything can be counted on with more vocation to terrify, to satirize or ridicule or to endorse what is basically unknown. But the authentic reality is that until we have the complete records that authorized the interventions, and we know in what terms they were formulated, we will not be able to a complete legal analysis of the regularity of what happened. It is good not to anticipate events, because we can very much regret having been prejudiced. Therefore, I am simply going to present the two possible versions of what happened.
The first is that everything is the result of a nervous breakdown suffered by so many non-independence people in Spain with the events of 2017. They are those who think that the secession of a region is a greater trauma than the loss of Cuba, that there is no way to deal with this issue in a democratic way and that therefore what must be done is to repress it in any way possible. And in that “whatever”, of course, spying on pro-independence politicians, potential destroyers of Spain, comes in. would justify everything the “territorial integrity of Spain & rdquor ;, as art. 1 of Law 11/2002 of the National Intelligence Center. Of course, this version is not suitable for sensitive democratic stomachs, and not at all nationalists –Spanish nationalists– who do not believe that the territorial integrity of a State deserves such a sacrifice of rights, but many jurists would endorse it, unfortunately. And it is that With a political independence movement, you have to talk, and not try to run it with clubs.
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The second is that there certainly were serious reasons for concern, such as having sought military assistance from other countries to secede by force, or that it had existed the attempt to create a terrorist group. Let us assume that if this was the case and this was not mere conjecture, the intelligence work would have been carried out by any other prudent State.
The problem is that a guess is not enough to authorize eavesdropping, much less to take almost to the assault all the data of a mobile phone. The judge must justify that it was not possible to resort to another less harmful measure to be able to investigate efficiently, and that there was also a well-founded suspicion, that is, rational indications of a serious crime that are not pure speculations of the secret services that the judge would have blessed superficially, no more. We don’t know if that happened, that is, We do not know the degree of reflection of the judicial authorization. And that is exactly what we need to know. Before Tyrians and Trojans continue leaking with impunity.