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Wiretapping scandal in Greece: The Statute of Limitations – The 13 Steps Behind the Scenes

Ta Nea 

The espionage case enters its most crucial phase, as despite the Court’s decision imposing 126 years in sentences to the four main defendants, the case file’s splitting and procedural maneuvers are leading to a de facto daily statute of limitations.

Espionage, the stance of the targets, and the next lawsuit

The case of the wiretapping scandal has entered its most critical stage. Despite the decision of the Misdemeanor Court, which imposed sentences of 126 years on the four main defendants, the fragmentation of the case file and procedural maneuvers are leading to a de facto daily statute of limitations.

According to legal sources, several key factors shed light on the behavior of those involved and on unexploited legal options. The focus of the new investigation is espionage, an offense that is initially prosecuted as a misdemeanor. The key to turning it into a felony lies in two conditions: the will of the Supreme Court Prosecutor’s Office and the active cooperation of the targets themselves—senior ministers, military officers, and others.

So far, those under surveillance have maintained complete “silence”, effectively blocking this legal route. However, this is expected to change in at least one case, as an official targeted by the Predator spyware is preparing to turn to justice after Easter. Since March 24, when the court’s decision was finalized, there has been a procedural opportunity to file charges immediately to halt the statute of limitations. Instead, there has been complete inaction. It is telling that, due to this stagnation, eight more acts—some involving a serving minister—have now expired.

Warning from Rammos

Christos Rammos, former vice president of the Council of State and head of ADAE, sounded the alarm over the handling of the case. He emphasized that “the judiciary has already suffered enough blows to its credibility to risk further damage from bureaucratic delays or unjustified archiving.”

The “weak links”

Regarding the nine individuals facing potential new prosecutions, reports indicate growing unease. Several employees and external associates of Intellexa and Krikel are reportedly alarmed at the prospect of being called to testify. Additionally, individuals allegedly connected to the National Intelligence Service (EYP) are said to be in near panic, judging by their communications. A source familiar with the movements of the convicted parties describes these individuals as the “weak link” in the case. Judicial delays leading to the expiration of charges would serve as a lifeline, preventing them from having to “open their mouths,” as they reportedly say.

Operation Statute of Limitations

An extraordinary effort appears to be underway to let a large number of offenses expire—including espionage crimes against government members and military leadership—committed by the para-state group that managed the Predator spyware. This effort also aims to silence those who know the masterminds behind the network. Evidence suggests that this operation is unfolding behind the scenes through unprecedented judicial maneuvers.

On March 20, the Athens Misdemeanor Prosecutor’s Office received the decision of the Single-Member Misdemeanor Court of Athens, sentencing Tal Dilian, Giannis Lavranos, Felix Bitzios, and Sara Hamu to 126 years in prison, consolidated into eight years. Along with the 1,920-page ruling by presiding judge N. Askianakis, a large volume of records was delivered, indicating that charges should be brought against nine additional individuals—either associates of Dilian and Lavranos or people connected to the EYP.

However, instead of immediately prosecuting the nine named individuals, as required, the head of the Athens Prosecutor’s Office, Sotiris Bougioukos, did not act. Eighteen days later, on April 7, he sent the case file—without any written or verbal order—to Supreme Court prosecutor K. Tzavellas. Notably, Tzavellas served in the EYP in 2021, the period when Predator was used to monitor half the Cabinet, the opposition leader, military leadership, journalists, and others. He also signed the EYP surveillance order for journalist Th. Koukakis, who was simultaneously monitored by Predator.

Instead of returning the file and initiating disciplinary review, Tzavellas accepted it and kept it in his office. As the Supreme Court operates at reduced capacity during the holidays, it is estimated that he will assign it to a deputy prosecutor after Easter, around April 20—but this is uncertain. The duration for which the deputy prosecutor may keep the file is also unknown, since only the head of the Athens Prosecutor’s Office can file charges.

Meanwhile, offenses related to the wiretapping continue to expire daily. The infected SMS messages began circulating in March 2021—for example, the Defense Minister N. Dendias was targeted by Predator on March 24, 2021. His case has now expired, leaving him without legal recourse. Due to the five-year limitation period for misdemeanors, prosecution of several of the nine implicated individuals will effectively cease.

Prosecuting these nine individuals is considered essential. Following the conviction of Dilian, Lavranos, Bitzios, and Hamu, some might cooperate with authorities to avoid similar sentences. The ongoing delays, therefore, effectively protect Tal Dilian, who has reportedly been blackmailing the Prime Minister and the government, as well as his three convicted accomplices.

Furthermore, with the offenses set to expire by September 2026, the four convicted members of the group will not be called to answer for espionage against government members and military officials. All systems appear to be working intensively to close the case as quietly as possible.

As noted previously, the government may be under pressure, but it is far from collapsing—and, as the recent ruling of the Athens Misdemeanor Court proved, it is taking measures to avoid future surprises.

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