Journalist Thanasis Koukakis filed a formal request with the Prosecutor’s Office of the Supreme Court on Thursday, seeking the retrieval of the case file from the archives and the examination of Tal Dilian, who was convicted at first instance in connection with the case.
The move follows recent remarks by Dilian in an interview with the Greek newspaper Efimerida ton Syntakton, in which he denied that either he or Intellexa operated Predator in Greece. Dilian also stated that the spyware could only be used by governments and intelligence agencies, which he described as the sole customers of Intellexa’s surveillance technology.
“We sell to government agencies in accordance with all required regulations, but we never operate the systems on their behalf,” Dilian said. “We never operated any system in Greece.”
His comments have reignited debate over one of Greece’s most politically sensitive scandals in recent years. The Predator affair emerged after reports that politicians, journalists, military officials and other public figures had been targeted with sophisticated spyware capable of extracting data from mobile phones.
In his filing, Koukakis argues that, given the undisputed use of Predator in Greece, Dilian’s claims lead to a stark conclusion: either Greece’s National Intelligence Service, known as EYP, was involved in the surveillance operations, or a foreign government or intelligence service conducted them on Greek territory.
The request notes that Greek prosecutors have previously concluded that EYP was not involved in the illegal Predator-based surveillance. If that conclusion stands, the filing argues, Dilian’s assertions raise the possibility of espionage activity by a foreign state within Greece.
“The claim cannot remain unexamined,” the filing states, adding that surveillance of senior political leaders, military officials and intelligence personnel by foreign actors would pose an incalculable threat to national security.
The filing further argues that the credibility of Dilian’s statements should be tested regardless of his status as a defendant in the broader case. It asks prosecutors to conduct a substantive investigation into his claims and require him to provide evidence supporting them.
The request also seeks testimony from other individuals associated with Intellexa, including company executives and co-defendants, who could corroborate or refute Dilian’s account. If prosecutors consider statements from defendants inherently unreliable, the filing argues, they should instead summon former Intellexa employees and executives identified in the case file as having played significant roles in the company’s Greek operations.
According to Koukakis’ lawyer, Zacharias Kesses, such testimony is necessary both for a full investigation of the affair and to protect national security if Dilian’s assertion proves accurate and Predator was operated by a government or intelligence service other than Greece’s own.
“We are asking for a gap to be closed- one that continues to undermine confidence in the Greek justice system and poses risks to national security,” Kesses said after submitting the request.
The latest development comes as victims of the surveillance operation prepare to file the first civil damages claims against individuals already convicted at first instance.
Legal representatives are also examining the possibility of bringing the case before the European Court of Human Rights in Strasbourg, potentially extending judicial scrutiny of the affair beyond Greece’s borders.
