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Greek court issues landmark sentences in predator spyware surveillance case

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In a watershed ruling that could reverberate across Europe and beyond, a Greek court has handed down maximum cumulative prison sentences to four individuals linked to the controversial spyware firm Intellexa S.A., marking the first criminal convictions tied to the unlawful deployment of the Predator surveillance software. The decision, announced on February 26, represents a pivotal moment in a yearslong scandal that has entangled journalists, politicians, military officials, and civil society members in Greece and other countries.

The court sentenced Tal Dilian, founder of Intellexa and a former Israeli intelligence officer; Felix Bitzios, a shareholder in the company; Sara Aleksandra Hamou, Intellexa’s business manager; and Giannis Lavranos, owner of supplier firm Krikel, to 126 years and eight months in prison each for violating communications secrecy and data protection laws. Although Greek law caps the maximum time to be served for misdemeanor convictions at eight years, the severity of the cumulative sentences underscored the gravity with which the judiciary viewed the offenses.

The verdict stems from findings that Intellexa’s Predator software was used to spy on at least 87 verified victims. Those targeted included investigative journalists, opposition politicians, senior military officials, prominent business figures, and members of civil society. Several of the victims were present in the courtroom when the sentences were delivered, lending a palpable sense of gravity to the proceedings.

Predator is a highly intrusive form of commercial spyware capable of infecting smartphones and granting operators access to calls, messages, microphones, cameras, and stored data. Its capabilities have drawn comparisons to other controversial surveillance tools such as Pegasus, developed by the Israeli company NSO Group. While such tools are often marketed to governments for counterterrorism and law enforcement purposes, critics argue they have increasingly been used to monitor journalists and political opponents.

In court, prosecutors emphasized that the use of Predator in Greece constituted a direct assault on constitutional protections surrounding privacy and communications secrecy. Prosecutor Dimitris Pavlidis told the bench that the evidence and testimonies presented warranted not only the convictions handed down but also further investigation into potential felony-level offenses, including espionage.

“From the evidence presented, the testimonies, the documents submitted, I conclude that the case file needs to be transferred to the prosecutor for further investigation of criminal liability,” Pavlidis stated. His remarks signal that the legal consequences of the spyware scandal may extend well beyond the four individuals already convicted.

The court also ordered an expanded investigation into Intellexa as a corporate entity. The firm, which has marketed Predator to governments and law enforcement agencies worldwide, has faced mounting scrutiny over its client base and operational transparency. In 2024, the US Treasury Department imposed sanctions on the Intellexa consortium, accusing it of developing and distributing commercial spyware technology used to target Americans, including US government officials, journalists, and policy experts.

For Greece, the ruling represents a sharp departure from a 2024 decision by the Greek Supreme Court that cleared the country’s National Intelligence Service (EYP) and certain state officials of criminal involvement in the spyware affair. That earlier decision had drawn criticism from media freedom advocates and opposition lawmakers, who argued that accountability had been sidestepped.

The misdemeanor court’s latest ruling effectively reopens critical aspects of the controversy. According to Zacharias Kesses, a lawyer representing the prosecution, the investigation will now extend to “other acts, such as the felony of espionage, the violation of state secrets, the trafficking of spyware, and the participation of third parties.” He added that individuals potentially implicated could include employees on the payroll of the EYP, members of various public services, or executives within the defendants’ companies.

Among the most prominent victims was investigative journalist Thanasis Koukakis, who has long maintained that he was targeted for his reporting on financial misconduct and corruption. Reacting to the verdict, Koukakis said the decision demonstrated that the Greek judiciary can act as a guarantor of citizens’ personal rights when it chooses to do so.

“With today’s decision, the Greek judiciary has shown that when it wants, it can act as a guarantor of the personal rights of citizens and sent a message that those who act arbitrarily by violating private personal data and family life by intruding into citizens’ communications will not go unpunished,” he said. “In any case, it created second thoughts for anyone who wants to break the law in the future.”

The case has broader implications for the global spyware industry, which has grown rapidly in recent years. Commercial surveillance vendors often operate in a regulatory gray zone, exporting powerful digital intrusion tools across borders with limited oversight. Human rights organizations have repeatedly warned that without stringent controls, such technologies pose a systemic threat to democratic institutions and press freedom.

Legal analysts note that while the sentences are symbolically significant, the appeals process could take years to conclude. The defendants retain the right to challenge both the verdict and the penalties imposed. Nevertheless, the ruling sets an important precedent by establishing criminal liability for the misuse of commercial spyware within an EU member state.

The political ramifications in Greece are also likely to persist. The spyware scandal has fueled public debate about intelligence oversight, transparency, and the balance between national security and civil liberties. Lawmakers across party lines have called for strengthened safeguards to prevent future abuses, including stricter export controls and enhanced judicial authorization procedures for surveillance operations.

For journalists and civil society advocates, the decision represents a rare instance of accountability in an arena often characterized by opacity. The presence of victims in the courtroom during sentencing served as a stark reminder that the case is not merely about software or corporate governance but about fundamental rights – privacy, freedom of expression, and democratic participation.

As the investigation broadens to examine potential felony charges and institutional complicity, Greece now finds itself at the center of a defining legal battle over the limits of digital surveillance. The court’s ruling may not close the chapter on the Predator affair, but it undeniably marks a turning point. Whether it leads to systemic reform or remains an isolated judicial milestone will depend on the outcome of the forthcoming prosecutions and the political will to confront the deeper structural issues exposed by the scandal.

For observers of global media freedom and digital rights, this case stands as a cautionary tale – and a test case – for how democracies respond when surveillance technologies are turned inward against their own citizens.

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