Serbia Illegally Spies on Its Citizens, Institutions Remain Silent: Civil Society Organizations File Addendum to Criminal Complaint over Unlawful Digital Surveillance, UN Demands Answers

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At the end of May, ten civil society organizations filed an addendum to a criminal complaint regarding the forced unlocking and infection with spyware of mobile phones belonging to a student activist and a journalist, which occurred in late 2024.

 

Nearly six months ago, Amnesty International published a report titled Digital Prison – Surveillance and Repression of Civil Society in Serbia, which presented evidence of unlawful digital surveillance of journalists and activists through the misuse of digital forensics and invasive spyware. This surveillance violated numerous rights of the targeted individuals, as well as of those they had been in contact with.

 

In late 2024, ten human rights organizations activated all available legal mechanisms. In addition to filing a criminal complaint against members of the police and the Security Intelligence Agency (BIA) with the Prosecutor’s Office for High-Tech Crime, they also submitted a request to the Protector of Citizens to launch an investigation into the conduct of these institutions on their own initiative, along with a complaint from one of the journalists targeted in the attack. A request was also submitted to the Commissioner for Information of Public Importance and Personal Data Protection to initiate oversight of the actions of these bodies.

 

However, it is still unknown whether any steps have been taken by these institutions to determine the legality of the police and BIA’s actions, or to establish the accountability of those involved in the surveillance.

 

Unlawful surveillance by state structures continued, as confirmed by the attempted Pegasus spyware attack on two BIRN journalists in late March. There are also clear indications of additional cases of illegal digital surveillance, and it is evident that state security agencies are unlawfully and extensively spying on activists and journalists.

 

While illegal digital surveillance—just one of many forms of pressure and intimidation against activists, journalists, and human rights organizations—continues and institutions remain silent, on 2 April 2025, United Nations Special Rapporteurs sent a communication to the Government of Serbia. In it, they expressed concern over unlawful arrests, attacks on journalists, smear campaigns, police raids on civil society offices, surveillance, and the failure of state bodies to conduct effective investigations or hold perpetrators accountable, all of which are in violation of international human rights standards. The UN Special Rapporteurs called on the Serbian government to respond to all allegations concerning attacks on those defending human rights. Although the government formally responded, it failed to provide the requested information.

 

We also note that the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe, as well as the Council of Europe’s Monitoring Committee, held separate sessions on the use of Pegasus and similar spyware and covert state surveillance. Representatives of Serbian civil society organizations participated in these sessions.

 

Finally, in May, the European Parliament adopted a resolution calling on Serbian authorities to immediately cease the use of digital surveillance against journalists and activists, and to promptly investigate all allegations of unlawful surveillance.

 

We urge the relevant institutions to respond without delay, in accordance with the Constitution and laws of the Republic of Serbia and international standards, in order to halt illegal digital surveillance and all other forms of pressure, and to establish criminal accountability for those responsible for these actions.

 

Signatory civil society organizations: Belgrade Centre for Human Rights, Belgrade Centre for Security Policy, Civic Initiatives, CRTA, Youth Initiative for Human Rights, Independent Journalists’ Association of Serbia (IJAS/NUNS), Lawyers’ Committee for Human Rights – YUCOM, KROKODIL Association, Partners Serbia, and SHARE Foundation.

 

Belgrade, June 7, 2025

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