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Intellexa makes corrections on a Greek Intelligence Service document

In 2022, the commander of the Greek Intelligence Service put together with his interlocutor from North Macedonia, a draft preliminary agreement for cooperation on cybersecurity. But they forgot to remove a subtle, albeit very important electronic trace, which was seen by inside story. This is Part B of the investigation resulting from Inside Story’s partnership with the Investigative Reporting Lab.

Tal Dilian’s group of companies developed and sold the Predator spyware in North Macedonia and Greece – so much we know already. What we did not know so far, was how the state agencies of the two countries attempted to cooperate on the matter –and almost concluded an agreement– before the 2022 spyware revelations in Greece sabotaged their operation.

Reporting: Tasos Telloglou, Eliza Triantafillou, Saska Cvetkoska, Bojan Stojanovski, Ivana Nasteska

Key points of this investigation

Inside Story in Athens and the Investigative Reporting Lab (IRL) in Skopje reveal today:

-The Greek government’s desire to legalise the state’s use of spyware, along the standards of North Macedonia.

-The content of the classified preliminary agreement put together in 2022 by then Greek National Intelligence Service (NIS) commander Panagiotis Kontoleon and the head of the Operational Technical Agency Skopje (OTA) Zoran Angelovski.

-The existence of an open channel of communication between the Greek Prime Minister’s Office under Grigoris Dimitriadis, and Intellexa, the vendor of -Predator spyware that has infected –or attempted to infect– the mobile phones of Greek journalists, politicians, business executives, members of the armed forces and others (who were simultaneously targeted by NIS’s legal, albeit abusive, wiretappings).

Rotem Farkash, the hacker

The intention of the Greek government to legalise the use of spyware was expressed as early as 2020 to a co-founder and developer of Cytrox, the company that created the now infamous Predator spyware and later became part of the Intellexa group of companies.

 

Rotem Farkash’s LinkedIn profile page.

Born in 1987 to a Hungarian father and an Israeli mother, Rotem Farkash was raised in Tel Aviv. From an early age, he had an affinity for programming. As he states on his LinkedIn profile, he provided freelance consulting services to banks and security companies for 2,5 years (January 2011 – June 2012) by “bringing the hacker point of view to the table”. Prior to that, he served in the Israeli Defence Forces for five years. He boasted to people who have met him that, as a member of the Israeli cyber army, he had helped counter Palestinian suicide bombers’ attacks on Israelis.

In March 2017, Rotem Farkash founded Cytrox in Skopje along with six other Israeli businessmen. The initial funding for the company came from the state-owned Israel Aerospace Industries (IAI). Cytrox, as revealed in December 2021 by the University of Toronto’s Citizen Lab, is the company that developed the infamous Predator spyware, used extensively in Greece to target journalists, politicians, business executives, military personnel, etc. In 2018, Cytrox was acquired by Intellexa –a company owned by Tal Dilian, a former commander of a select technology unit of the Israel Defence Forces– with Rotem Farkash remaining in the group’s workforce.

Cytrox and its products attracted the attention of Tal Dilian, who decided to invest in the company, following a meeting he had in 2018 with the newly-elected at the time prime minister, Zoran Zaev. As early as 2017, the Macedonian government had become privy to the fact that Cytrox was developing the Predator spyware on its territory with the intention of distributing it elsewhere, but the government claims that it had not touched it. A source in Skopje has told Inside Story and IRL that NATO had previously advised North Macedonia not to cooperate with this company.

Moving to Greece

In the second half of 2020, Rotem Farkash’s professional obligations for Intellexa lead him to the decision to move to Paleo Faliro, a southern suburb of Athens by the beach. Bringing along his Audi R8 sports car with Hungarian license plates, he settled in a luxurious 8th floor flat with unobstructed views of Attica’s coastal front.

Roey Hayot, a close associate and employee at Intellexa’s Greek offices, who –unlike Farkash– appears on the company’s payroll records, moved into an apartment building across the street. The fact that Rotem Farkash was in Greece on Intellexa business is also proven by the fact that on August 10 2020, together with the company’s founder Tal Dilian and one other person, he travelled by private jet from Athens to Larnaca and then to Doha for a few days.

People who have visited Rotem Farkash’s residence describe it as a student flat, where a room with empty shelves was dominated by a desk and a computer with two large screens. The property in Paleo Faliro in which Farkash was staying, coincidentally belongs to a former New Democracy MP that hails from a shipping family with a large real estate portfolio managed by a real estate company. The rent for the apartment was paid by Kestrel, a company owned by Stavros Komnopoulos. The head of the Kestrel group has been familiar to arms procurement circles – and to law courts – since the 1980s.

Rotem Farkash in his rented home in Paleo Faliro.

Rotem Farkas’ flat is not the only point where Kestrel and Intellexa meet. As Inside Story has revealed, Rafnar, a company linked to Kestrel, provided guarantees in a lease signed in October 2020 by Intellexa with a Fais Group company for the offices it rented in Elliniko.

According to people who interacted with Rotem Farkash during the months of his stay in Greece and wish to remain anonymous, he described himself as the creator of software that counters cyberattacks, adding that he sold to governments “software to track criminals” – a description that matches that of spyware. They further mention that Farkash claimed that he came to Greece following an invitation by the Greek government, when they had already agreed to use the company’s software. He also claims that he had met with various government officials and that he had received assurances from the Greek government that they would pass a law to make the use of spyware legal. In May 2021, he unexpectedly left his home in Paleo Faliro and moved back to Israel. According to his acquaintances, he told them that there was some kind of disagreement between his company partners and that he was thinking of leaving permanently and selling his shares.

We sent Rotem Farkash questions about his alleged contacts with Greek government officials and the content of their conversations, but did not receive a reply.

The interest of Mitsotakis’ government in the ex-post legalisation of spyware

What Rotem Farkash claimed about the government’s intention to legalise the use of spyware during casual conversations with his Greek friends in the second half of 2020, appears to be confirmed by the fact that Mitsotakis’ government had contacted towards the end of 2020 the Operational Technical Agency Skopje (OTA), which has been the agency in charge of lifting the confidentiality of communications in North Macedonia since 2018.

A person with good knowledge of the content of the Athens-Skopje talks that began in late 2020, told Inside Story and IRL that the Greeks were interested in learning from North Macedonia how the OTA works and how the country’s intelligence services and other law enforcement agencies use spyware in a legal way. In turn, North Macedonia expressed interest in the digitisation of the Greek public sector – with the Ministry of Digital Governance being the responsible implementing ministry – and various cybersecurity issues.

Unlike NIS, OTA is not a secret service, but the fruit of the painful experiences lived by the citizens of North Macedonia during repeated surveillance scandals. The most recent one of these took place during the Gruevski administration, when more than 20,000 people were placed under surveillance between 2008 and 2015. The targets included civil society activists, politicians from all parties, journalists, diplomats and businessmen.

Following Gruevski’s fall, the US and European Union forced the Macedonian government to set up a technical agency –politically neutral, reporting to parliament and not to political power– to handle requests from intelligence, police and customs services to monitor citizens of the country. The institutional framework of North Macedonia also allows the use of spyware with –at least on paper– various safeguards against possible abuse.

Mitsotakis’ government’s desire to legalise the use of spyware, expressed in the second half of 2020, actually came after the pilot testing of Predator spyware, which, as Inside Story has reported, had already started in Greece as early as August 2019, shortly after New Democracy came to power.

When the contacts between NIS and OTA began, Intellexa already had six or seven months of presence in Greece. It was founded in March 2020, while the first fake domains mimicking well-known Greek websites in order to infect with Predator the mobile devices of individuals in Greece had been created by July 2020. We know that journalist Thanasis Koukakis was one of the first Predator targets in the long list of names that includes politicians, business executives and officials of the armed forces, among others. His first targeting took place on 31 July 2020, by which stage NIS had already proceeded with lifting the confidentiality of his communications and listening to the journalist’s conversations for “national security reasons”.

As the news organizations Investigate Europe and Reporters United recently revealed, Mitsotakis’ government has come out in favour of the Europe-wide use of spyware against journalists – “for national security reasons.”

The secret memorandum of cooperation for the exchange of classified information between NIS and OTA

People with knowledge of the content of the contacts between Athens and Skopje told Inside story and IRL that the first face-to-face meeting between Greek and Macedonian officials took place in early 2021 at the level of NIS and OTA commanders.

According to some reports, later that year, the Macedonian side met with the Minister of Digital Governance Kyriakos Pierrakakis in Athens. Pierrakakis’ entourage denied any meeting with representatives of the OTA. According to another information source, the only contact Pierrakakis had with officials from North Macedonia was the meeting in Athens with the Vice President of North Macedonia, Nikola Dimitrov, which according to the Greek side was about the digitization of the state.

In February 2022 a new meeting between Kontoleon and Angelovski took place in Thessaloniki, which led to the drafting of a preliminary agreement between the two commanders a month later, in March 2022. The draft was communicated to the office of Prime Minister Kyriakos Mitsotakis.

“The two agencies will take all necessary measures to keep the very existence of this MoU […] confidential”, reads a draft of the preliminary agreement seen by Inside Story and IRL, put together in the first half of 2022 to be signed by the heads of the Greek NIS and the Macedonian OTA.

“The cooperation will be personally managed by the heads of the agencies”, reads the same draft, dated March 2022, one month before the revelations of Inside Story about the infection of journalist Thanasis Koukakis’ mobile phone with Predator spyware.

“NIS and OTA […] will cooperate and share unclassified as well as classified information based on the following mutually agreed upon:

1. Participants will work together to improve professional development in cybersecurity and build a cybersecurity skills base, including through possible initiatives related to mutual recognition of qualifications and diversity. […]

2. Participants will establish and maintain an operational dialogue and identify opportunities for collaboration to enhance the ability of both to protect their citizens from malicious acts in cyberspace.

3. Requests for information may be made by either side, and the response will be based on the level of security and be subject to applicable rules and regulations in place for the disclosure of classified information.

4. Requests for information will only be in relation to technologies related to cyberthreats, terrorism, criminal activity, which the participants consider as threats to their national interests.

5. In the event of an immediate threat being identified by either side under this MoU, the agencies will share the information as soon as possible and assist the partner to eliminate the threat for the benefit of both countries”.

The existence of this preliminary agreement on cybersecurity between NIS and OTA was confirmed by the former NIS commander Panagiotis Kontoleon, in his closed-door testimony to the parliamentary committee of inquiry on the phone-tappings, on 15 September 2022. He reportedly stated that the Greek government had been informed about this preliminary agreement.

This also becomes evident from the draft seen by Inside Story, which is addressed – in addition to Kontoleon – to the office of the Greek Prime Minister. The head of the office at the time, until his resignation on 5 August 2022, was Kyriakos Mitsotakis’ nephew, Grigoris Dimitriadis, who was removed from his position in the wake of the revelation of PASOK’s current leader Nikos Androulakis’ surveillance by NIS.

Grigoris Dimitriadis during the vote at the 14th Congress of New Democracy for the election of the members of the Political Committee, 8 May 2022. [TATIANA BOLARI/EUROKINISSI]
A person with knowledge of the negotiations between Athens and Skopje told Inside Story that the Memorandum of Cooperation between the NSA and the OTA was not signed in the end, due to the reports that appeared in the Greek pressabout the monitoring of journalist Thanasis Koukakis’ mobile phone with Intellexa software.

We addressed official questions to NIS and the resigned Panagiotis Kontoleon and Grigoris Dimitriadis about the meetings with Macedonian officials and the content of the preliminary agreement, but received no response.

The OTA in its own replies officially confirms that there was contact with the Greek NIS, on cybersecurity and digitisation issues:

“The Operational Technical Service (OTA) is an autonomous and independent state agency. As part of its responsibilities and activities, the OTA, among other things, carries out cooperation and contacts with many domestic, foreign and international authorities, which are carried out through official channels of communication. Such were the meetings [OTA] held in the first half of 2022 with the leadership of the Greek National Intelligence Service (NIS), as the responsible bodies for monitoring communications in both countries. In these meetings, no classified information was shared and no documents were signed. No MoU was signed either.

The theme of the meetings was the exchange of experiences in the field of digitization of systems, towards the improvement of security during digitization, which includes cyber security, for which the presentation on the process of digitization of Greek society, which […] has made excellent progress and results, was extremely useful.

The visits and the results of the talks were reported to the [North Macedonia] Parliamentary Committee for the implementation of the supervision of the surveillance measures of communications, as well as to representatives of the government”.

The proofreader from Intellexa

During his September 2022 testimony to the Greek parliament’s committee of inquiry on the wiretappings, Panagiotis Kontoleon (who had also resigned due to Androulakis’ surveillance), after confirming the existence of a preliminary agreement between NIS and OTA, was reportedly quick to stress that NIS has nothing to do with Intellexa, the company that sells the Predator spyware. Inside story and IRL has seen evidence that this statement is untrue.

The draft of the preliminary agreement that we have seen in electronic form contains a small –but important to the story– electronic trace that proves that Intellexa not only has a direct relationship with NIS, but also to the office of Prime Minister Mitsotakis. This document, which was to be signed by the agencies of two countries, Greece and North Macedonia, contains written corrections by a former high-ranking Israeli Defence Ministry official who, after his demobilization, worked with Intellexa.

Excerpt from the preliminary agreement showing the electronic footprint of Nir Ben Moshe (in Hebrew).

His name is Nir Ben Moshe and he can be traced as an editor of the electronic document (with his name written in Hebrew), when the function “track changes” is activated. A source said to Inside Story that the draft had been sent to Intellexa.

Nir Ben Moshe’s profile picture in his LinkedIn account.

Nir Ben Moshe is not just any Israeli citizen, having served in several key state positions. In 2015, he was appointed head of a special unit in the Ministry of Defence known as Malmab, that is responsible for the security of the Ministry of Defence, Israeli arms industries and entities in Israel involved in the development and production of weapons of mass destruction, as well as the means of defence against such weapons.
Malmab, due to the classified nature of its activities and its close relations with Shin Bet, is sometimes described as Israel’s fourth intelligence agency (alongside Shin Bet, Mossad and the Israeli army’s intelligence services).

In 2021, Nir Ben Moshe left Israel’s Ministry of Defence and turned to the private sector. In May 2022, some israeli reports indicated that he was considering working with a company owned by Tal Dilian. Commenting on this professional move, sources in the Israeli security establishment told the media that Nir Ben Moshe’s move to Tal Dilian’s side “is legal, but it stinks. It’s kosher, but it presents some ethical issues”. The Israeli security establishment, where the founder of Intellexa originates from, has accused Tal Dilian of using the knowledge he gained as commander of an Israeli army elite technology unit to establish companies that manufacture cyberattack products that infiltrate mobile phones. He is also being criticised for moving his companies to Cyprus (note: and then to Greece) to avoid supervision by the Israeli Ministry of Defence – namely the former employer of Nir Ben Moshe.

According to travel documents seen by Inside Story, Nir Ben Moshe visited Athens in the first ten days of March 2022 and was in Israel when he made the corrections to the NIS – OTA draft on behalf of Intellexa. Travel between Greece and Israel was frequent. On 23 March 2022 Nir Ben Moshe flies from Greece to Albania and back and on the same day departs again from Greece to Turkey. It is unknown whether these trips were made for personal or business reasons. The last time he boarded a flight from Greece was in October 2022, when he departed for the US. According to what he writes on his LinkedIn profile, since March 2022 he has founded a consulting company inspired by his initials (NIRBM) – its website does not work.

Another piece of evidence that seals Nir Ben Moshe’s business relationship with Intellexa is that, on 12 April 2022, he appears to be travelling from Larnaca to Athens in a private jet linked to Tal Dilian and in which, as Inside Story has revealed in a joint investigation with Lighthouse Reports and Haaretz, surveillance technology was delivered to Sudan from somewhere in the EU (the equipment was found in the hands of one of the world’s most notorious and terrifying paramilitary groups, the Rapid Support Forces).

An individual from Macedonia’s intelligence services who spoke to Inside Story and IRL on condition of anonymity, said that they do not know Nir Ben Moshe, nor do they know why a copy of the draft to be signed by the heads of NIS and OTA was in the hands of Intellexa and even corrected by a partner of Intellexa. “The Greek side had mentioned that they had a contractor, but they never mentioned the name Intellexa”, they said.

Nir Ben Moshe, Intellexa, Grigoris Dimitriadis, Panagiotis Kontoleon and the NIS did not provide a reply to the questions we asked them.

The production of this research was supported by a grant from Investigative Journalism for Europe (IJ4EU) funds.

Sashka Cvetkovska

Sashka Cvetkovska

Еditor-in-chief

Sashka Cvetkovska is an internationally awarded investigative journalist and editor-in-chief of the Investigative Reporting Lab. Cvetkovska has worked on a number of national and cross-border investigations that have uncovered domestic and international crime, corruption, illicit arms trafficking and disinformation wars. The research she has worked on has been published in The Guardian, Buzzfeed, Süddeutsche Zeitung and others. Her current responsibilities are focused on increasing the impact of investigative reporting by creating new narratives of stories through film and campaigns. In that direction, she currently holds the position of producer of the Investigative documentary series Newsroom. For ten years, Cvetkovska has been part of the research team of the International Organized Crime and Corruption Reporting Project, an international media organization associated with IRL. She was a member of the Board of Directors of OCCRP and the Association of Journalists of Macedonia.

Elena Mitrevska Cuckovska

Elena Mitrevska Cuckovska

Editor for Development and Operations

Elena Mitrevska Cuckovska is the co-founder of IRL and together with the editor and his assistant, is responsible for monitoring and designing the implementation process of IRL activities. She is the project director of the documentary series Newsroom. She has been working with journalists for more than 10 years and has also worked on other technological solutions that allow more efficiency when searching public databases used by our reporters in order to make their work faster. She is a software engineer and graphic designer by profession and she is also the first technology expert who is trained and works in the field of media. She is part of the cross-border group of technological experts of OCCRP and contributes in collecting and analyzing information and as a researcher in IRL.

Bojan Stojanovski

Bojan Stojanovski

Editor and journalist

Bojan Stojanovski is a graduated journalist with over ten years of media experience. He worked in several national televisions – TV Alfa, TV 24 Vesti and TV Alsat. From first of November 2021, he is a part of the IRL team. Throughout his career, Stojanovski followed topics in the field of judiciary, crime, corruption. In 2013, he received “Nikola Mladenov” award for investigative journalism, on the topic “Employment in the public administration through the party list”.


Denica Chadikovska

Denica Chadikovska

Assistant managing editor for organization and communications

Denica Chadikovska is a graduated psychologist who started her journalistic career in 2017 as co-author and co-producer of the youth show Krik, funded by the UK Government. Chadikovska becomes part of the IRL team in 2018 as an investigative journalist – intern within the project for training future media leaders. In June 2020, she joins the position of communications officer in charge of implementing the IRL’s communications strategy as part of the communications and products team.

Maja Jovanovska

Maja Jovanovska

Researcher and journalist

Maja Jovanovska has a degree in journalism and follows topics in the field of corruption, crime and justice. In her long-term career, she worked in numerous media such as A1 television, Channel 5 television, Alsat and the NOVAtv portal before joining the founding board of IRL in 2018. She is the winner of domestic recognitions and awards and has participated in a number of trainings and conferences in the field of investigative journalism. She was a member of the management of the Independent Union of Journalists and Media Workers of Macedonia and the Council of Ethics in the Media in Macedonia, and is currently part of the management of ZNM.


Aleksandra Denkovska Gocevska

Aleksandra Denkovska Gocevska

Researcher and journalist

Aleksandra Denkovska Gocevska is a graduated journalist with ten years of experience. She worked in the daily newspaper Nova Makedonija, the Meta.mk news agency and the NOVATV portal. During her career, she worked on topics from the field of politics, urbanism, judiciary and corruption. She started working with investigative journalism in 2015 when she came to work as a reporter in the investigative newsroom of NOVATV. She is a participant in dozens of conferences and workshops on investigative journalism and is the author of the first undercover investigative story in Macedonia about the lives of the children from the May 25 home.

Aleksandar Janev

Aleksandar Janev

Researcher and journalist

Aleksandar Janev is a graduated economist who began his career as an economic journalist in 2008 at Alfa Television. He developed his professional reporting skills through training sessions with top economic journalists both domestically and abroad, including at Reuters in the United Kingdom. In 2010, he transitioned to the print media at Capital, where he worked until 2022. Concurrently, he contributed regularly to the Balkan Investigative Reporting Network (BIRN), and since 2018, he has been both an author and editor for the TV program “Agenda 35” broadcasted on Macedonian Radio Television. Since 2023, he has been a part of the IRL team focusing on corruption and economic crime.

Ivan Blazhevski

Ivan Blazhevski

Researcher and journalist

Ivan Blazhevski is a journalist specializing in international relations, crime, and corruption. He has been working as a journalist since 1998, and since 2001, he has been an editor and correspondent for the Spanish state news agency EFE covering Macedonia, Albania, and Kosovo. Throughout his extensive career, Blazhevski has contributed to numerous media outlets such as Makpress, Agence France-Presse (AFP), Vecer, Dnevnik, Vreme, and Radio Free Europe, serving as editor for news and documentary programs at TV ALSAT for 18 years. He joined the team at IRL in 2024. Blazhevski has been honored with an investigative journalism award from the Macedonian Institute for Media (MIM) and has produced television programs in multiple countries and regions, including Japan, Greenland, Bolivia, China, Nepal, Bangladesh, East Africa, Cuba, Peru, Denmark, Italy, Germany, among others.

Pelagija Mladenovska Stojančova

Pelagija Mladenovska Stojančova

Researcher and journalist

Pelagija Mladenovska Stojančova is a journalist with over 16 years of experience in the media industry. She began her career at the daily newspaper “Shpic” in 2008 and later worked at the weekly “Sega”. Since 2009, she has been part of the team at Radio Free Europe’s Macedonian language service, reporting on politics, crime, corruption, and economics across various media platforms. Since 2024, she has been employed at IRL as an investigative journalist. She holds a degree from the Faculty of Philosophy and continued her education at the School of Journalism at the Macedonian Institute for Media (MIM). Throughout her career, she has been involved in projects focused on educating and mentoring young journalists.

Luka Blazev

Luka Blazev

Graphic designer

Luka Blazev is a graphic designer at IRL who becomes part of the team in 2019. His career in the field of graphic design and art began in 2017 by working on several projects for various domestic and foreign companies. At IRL, Blazev is in charge of finding graphic solutions for the research and for the design of the promotional content resulting from the research, which follows the communication strategy of IRL.

Trifun Sitnikovski

Trifun Sitnikovski

Director of "Newsroom"

Trifun Sitnikovski has been working in the film industry for more than a decade. He has shot more than a dozen short action films, short documentaries and three TV series on which he worked as screenwriter, director and executive producer. In addition to directing films, he has also worked on numerous projects as a producer, editor, cinematographer, assistant director and script supervisor for short films, TV shows, documentaries, commercials and music videos. His latest project as a director and screenwriter is the documentary series “Newsroom”.

Trajce Antonovski

Trajce Antonovski

Cinematographer

Trajce Antonovski is a cameraman and part of the cinematographers of the documentary series Newsroom. Antonovski has been working for more than 10 years on the visual realization of sports competitions under the auspices of UEFA and EHF. He worked in the newsroom of A1 and the NOVATV portal, and was part of the team for the realization of the political shows “Eurozum”, “Provereno”, as well as numerous entertainment projects such as the popular quiz “Who wants to be a millionaire”, “50-50 ” and other projects. In IRL Macedonia, he is part of the team in charge of filming the stories.

Gorjan Atanasov

Gorjan Atanasov

Video editor and producer

Gorjan Atanasov is a film and TV video editor with more than 8 years of experience in the film and television industry. Atanasov has worked on several features and documentary projects. As an editor, he has signed 6 short feature films, 2 feature-length documentaries, and currently he works in IRL as a video editor for the documentary series “Newsroom” and short video stories and multimedia projects of the organization.

The “Postal Bank” case dates back more than two decades. For just as long, investigators have examined the privatization of the country’s first state bank. The case was reopened in 2018 by the then Special Public Prosecutor’s Office (SPO). After the dissolution of the SPO, however, the case was transferred to the Prosecutor’s Office for the Prosecution of Organized Crime and Corruption.

On June 13, 2024, the Criminal Court in Skopje halted the proceedings, citing the controversial amendments to the Criminal Code adopted by the government of SDSM and DUI. The case had been conducted against businessman Tome Glavchev, current president of the Basketball Federation of Macedonia; Ratko Dimitrovski, former mayor of Kochani from VMRO-DPMNE; and the lawyer Zoran Shuklev.

They were prosecuted on charges of abuse of official position and money laundering. The oversight established that the Criminal Court’s decision did not specify under which article of the Criminal Procedure Code the proceedings had been terminated.

The Prosecutor’s Office for the Prosecution of Organized Crime and Corruption, dissatisfied with the ruling, filed an appeal, arguing that Glavchev, Dimitrovski, and Shuklev should at minimum face accountability for the offense of money laundering.

However, High Public Prosecutor Jovan Cvetanovski waived the right to pursue the appeal before the Court of Appeal. He justified this decision through an official note, yet the oversight concluded that the reasons given for withdrawing the appeal were contradictory and unclear.

“Public Prosecutors Lile Stefanova and Elvin Veli believe that by withdrawing the appeal of the Basic Public Prosecutor’s Office for the Prosecution of Organized Crime and Corruption, the public prosecutor from the Higher Public Prosecutor’s Office Skopje did not act professionally, expertly and legally,” the report states.

Prosecutor Dzelal Bajrami, however, assessed that Cvetanovski had acted within his competencies. With the appeal withdrawn, the Court of Appeal no longer had the opportunity to consider the case. The proceedings were effectively closed.

The second case concerns illegal construction in the village of Zelenikovo involving Dragan Pavlovik-Latas and his two brothers, Zvezdan and Srdzan Pavlovik. On July 4, 2019, the Criminal Court acquitted them of all charges. The same verdict was reached again during the retrial on July 18, 2022.

The Public Prosecutor’s Office in Skopje filed an appeal. On October 10, 2023, the appeal was accepted and a hearing was scheduled before the Skopje Court of Appeal. On November 6, 2023, the case was formally presented at the Public Prosecutor’s Office. Present at the session were the then State Public Prosecutor Ljubomir Joveski, public prosecutors Ferat Elezi and Sonja Simovska, and high public prosecutors Mustafa Hajrullahi and Jovan Cvetanovski.

“The conclusion from the presentation was that the public prosecutor representing the case at the Court of Appeal should propose commissioning an expert examination to determine whether the actions taken in the construction works constituted preparatory acts and to establish the date when construction began. An expert witness should be summoned to the main hearing to clarify the open questions,” the oversight report from the Skopje Higher Public Prosecutor’s Office states.

The very next day, the defense for the Pavlovik brothers submitted a new piece of evidence to the Court of Appeal — an expert report and opinion prepared by a defense-appointed expert witness. Cvetanovski requested that the hearing be postponed so he could cross-examine the expert. However, according to the oversight findings, what followed raised serious concerns.

“The public prosecutor at the hearing did not ask the questions he had previously announced in the record from November 7, 2024, and the questions that were posed did not elicit answers from the expert on the disputed issues raised during the presentation before the Public Prosecutor’s Office of the Republic of North Macedonia,” the report states.

Cvetanovski also failed to follow the instructions issued during the internal prosecutorial meeting at the prosecution office to commission an independent expert examination. Instead, he accepted the expert report submitted by the defense.

“The public prosecutor acted contrary to Article 37 of the Rulebook on Internal Operations of Public Prosecutor’s Offices, according to which the position and opinion adopted after the presentation are binding for the lower public prosecutor’s office,” prosecutors Lile Stefanova and Elvin Veli wrote in the oversight report.

However, the third member of the supervisory commission, Dzelal Bajrami, disagreed. He concluded that Cvetanovski had acted in accordance with the conclusions adopted during the presentation at the internal prosecutorial meeting.

The third case examined during the oversight concerns the “Serta” case, involving public tenders for cleaning government institutions. The case reached the Higher Public Prosecutor’s Office after the Basic Public Prosecutor’s Office filed an appeal against a decision of the Criminal Court.

When reviewing the indictment, the Criminal Court accepted the objections raised by the accused Spaso Gjorgiev and the company “Serta,” who were prosecuted for abuse of procedures in a public procurement call. On January 29, 2024, the Basic Public Prosecutor’s Office appealed that decision.

It was in connection with this case that a report emerged of pressure being exerted on an official at the Skopje Higher Public Prosecutor’s Office responsible for registration and allocation of cases. According to her testimony, she received instructions from the then head of the Higher Prosecutor’s Office, Mustafa Hajrullahi, indicating which prosecutor should be assigned to the case.

“For the ‘Serta’ case, I was told to register it and assign it to public prosecutor Jovan Cvetanovski,” said Daniella Lape, an employee in the Skopje Higher Public Prosecutor’s Office. Her testimony is included in the oversight report.

At the Court of Appeal hearing on April 9, 2024, high prosecutor Cvetanovski withdrew the appeal.

“An inspection of the official note dated April 9, 2024 shows that the public prosecutor analyzed the evidence attached to the indictment, which is contrary to the provisions of the Criminal Procedure Code, Articles 336 and 337, given the stage of the proceedings in which the case was at the time,” the oversight report states.

This interpretation is consistent with the Supreme Court's legal opinion issued on December 7, 2021, which states that the Council responsible for reviewing an indictment does not analyze the evidence or assess its quality. Its role is limited to determining whether evidence has been obtained unlawfully — an issue that should have been the focus of Cvetanovski’s argument.

“A judgment of the Supreme Court of the Republic of North Macedonia was issued in this case on September 11, 2024. In that ruling, the court established a violation of the law in favor of the defendants. The judgment further states that the violation committed by the Council reviewing the indictment could have been remedied if the high public prosecutor had not withdrawn the appeal,” the oversight document notes.

In their conclusions regarding this case, the public prosecutors Lile Stefanova and Elvin Veli wrote that by withdrawing the appeal, prosecutor Cvetanovski did not act professionally, competently, or in accordance with the law. They further stated that he engaged in an analysis of evidence and the existence of intent to commit a criminal offense — matters that fall within the exclusive authority of the court. Nevertheless, the public prosecutor Dzelal Bajrami again took the position that Jovan Cvetanovski had acted within the scope of his authority.

The fourth case selected for additional scrutiny also involved the prosecutor assigned Roman numeral II — Jovan Cvetanovski. At first glance, it appeared routine: a case concerning the illegal serving of alcoholic beverages to a minor.

The court in Negotino found Gjorgji Lazov, Ilija Vangelov, and the company DPTU “S.O.S. Obezbeduvanje (Security)” DOO Negotino guilty. The defendants challenged the verdict, filing an appeal that moved the case to the Higher Public Prosecutor’s Office in Skopje.

On February 3, 2023, the Skopje Court of Appeal overturned the ruling and returned the case for retrial. Prosecutor Jovan Cvetanovski did not attend the public hearing at the appellate court, despite the fact that the Higher Prosecutor’s Office in Skopje had previously concluded that the defendants’ appeals were unfounded.

On May 8, 2023, the court in Negotino issued a new verdict, again finding the defendants guilty. The defendants once more appealed the decision.

“On August 23, 2023, the public prosecutor at the Higher Public Prosecutor’s Office in Skopje, Jovan Cvetanovski, submitted a written proposal KOŽ.no. 1187/23 to the Skopje Court of Appeal, proposing that the defendants’ appeals be rejected as unfounded,” the oversight report states.

In that submission, Cvetanovski argued that the retrial had been conducted in accordance with the appellate court’s instructions and that the deficiencies identified in the initial proceedings had been fully addressed.

Yet only months later, his position shifted.

“At the hearing on 26 December 2023, the public prosecutor withdrew the indictment. From the review of the Skopje Court of Appeal’s judgment, it is evident that no new evidence was presented during the hearing and nothing altered the factual situation compared to the moment when the written proposal had been submitted,” the oversight report notes.

On the same day — December 26, 2023 — Cvetanovski drafted an official note stating that he had withdrawn the indictment because there was insufficient evidence to support the criminal offense.

The three prosecutors who conducted the oversight — Lile Stefanova, Elvin Veli, and Dzhelal Bajrami — reached a rare point of consensus regarding this decision. In earlier cases examined during the oversight, Bajrami had taken the view that Cvetanovski’s actions fell within his legal authority. In this instance, however, he concluded otherwise.

“Public prosecutors Lile Stefanova, Elvin Veli and Dzhelal Bajrami believe that, taking into account the written proposals in both proceedings and the positions expressed in them, and in a situation where no new evidence was presented at the main hearing, by dropping the indictment the public prosecutor did not act professionally, expertly and legally,” the oversight report states.

Despite this joint assessment, the 20-page oversight report ultimately carried only two signatures — those of Lile Stefanova and Elvin Veli.Dzhelal Bajrami did not sign the document, which was later submitted to then–State Public Prosecutor Ljupco Kocevski.

Attached to the report were Bajrami’s own official note, as well as a separate report from five employees describing how Mustafa Hajrullahi, while serving as head of the office, allegedly pressured them over the registration and allocation of cases within the Higher Public Prosecutor’s Office in Skopje.