This is the first confirmed case of the use of the Hermes software in a specific investigation. Hermes is designed to browse and aggregate data from open sources on the internet. There is also a more advanced version of Hermes called Robin, which has the capability to analyze the so-called darknet, the non-publicly accessible part of the internet. This module may contain data from classified sources, including information obtained from hacker breaches. The data was collected by the manufacturer of Hermes.

In November 2020, during the tenure of Bogdan Święczkowski—now the President of the Constitutional Tribunal—the National Prosecutor’s Office purchased this software for 15 million PLN without a public tender. The purchase followed revelations about the Central Anti-Corruption Bureau (CBA) acquiring Pegasus, a tool for total surveillance.

According to information obtained by OKO.press, in 2021, the National Prosecutor’s Office used Hermes to collect data on independent judges, journalists, and lawyers. Their online connections and communication methods were examined. In addition to Hermes, publicly available tools were also used for this purpose.

The data gathered included publicly available posts from these individuals’ Facebook accounts (along with information on followers and followed accounts), Twitter accounts, phone numbers (and their connections to other numbers), as well as email addresses. The collected data covered a period up to mid-2021.

Hermes is not spyware, meaning it did not have the capability to breach private messages of the monitored individuals. However, it did provide information on their personal connections and the content they published.

According to OKO.press, the National Prosecutor’s Office collected data on the following individuals:

Judges:

• Waldemar Żurek (Kraków)
• Piotr Gąciarek (Warsaw)
• Bartłomiej Starosta (Sulęcin)
• Bartłomiej Przymusiński (Poznań, spokesperson for Iustitia)
• Olimpia Barańska-Małuszek (Gorzów Wielkopolski)
• Dorota Zabłudowska (Gdańsk)
• Monika Frąckowiak (Poznań)
• Paweł Strumiński (Gliwice)
• Katarzyna Kałwak (Olesno)

Lawyers:

• Ewa Stępniak
• Magdalena Matusiak-Frącczak
• Konrad Pogoda

Journalists:

• Magdalena Gałczyńska (Onet)
• Ewa Ivanova (Gazeta Wyborcza)
• Anna Mierzyńska
• Mariusz Jałoszewski (OKO.press)
• Bianka Mikołajewska (formerly OKO.press, now TVP)
• Tomasz Marzec (formerly TVN24)
• Tomasz Skory (RMF)
• Paweł Miter

Others:

• Michał Przybylski
• Patryk Wachowiec (FOR)
• Andrzej Groffe

The National Prosecutor’s Office also retrieved posts from most of these individuals on Twitter (now X), Facebook, and Instagram, as well as data from their accounts.

The analysis covered not only the content of the posts but also the comments beneath them and their authors, likes, and shares. Additionally, information on the followers of their accounts and the people they followed—whether judges or journalists—was scrutinized.

The National Prosecutor’s Office also examined critical articles and publications in TVN24, Onet, OKO.press, Fakt, Newsweek, and Gazeta Wyborcza.

The investigation primarily sought social media posts and articles that were critical of Ziobro’s appointees in the judiciary and the illegal neo-National Council of the Judiciary (neo-KRS). Searches were conducted using phrases such as neo-KRS, so-called KRS, unconstitutional KRS, lawyers’ club in pseudo-KRS, they will go to jail, and they will have to look for work.

Why Were Judges and Journalists Investigated?

The selection of individuals for scrutiny was not random.

The investigation targeted judges from the Iustitia and Themis associations—two judicial organizations that strongly criticized the actions of then-Justice Minister Zbigniew Ziobro, particularly those who were active in traditional and social media at the time. Criticism intensified after Onet revealed the “hate campaign scandal” (afera hejterska) in mid-2019, which implicated judges close to Ziobro, including former Deputy Minister of Justice Łukasz Piebiak.

Journalists were also deliberately selected. Those chosen had extensively reported on the rule of law violations and repressions against judges, as well as on the hate campaign scandal. The same criteria were used to analyze articles in media outlets critical of the ruling Law and Justice (PiS) government.

Lawyers were targeted for similar reasons: they were active on Twitter and had criticized judicial reforms. Some also represented “Mała Emi,” who had information about individuals involved in the hate campaign scandal.

Other investigated individuals were also active on Twitter and wrote about rule of law issues.

According to information obtained by OKO.press, the National Prosecutor’s Office, using OSINT tools (so-called open-source intelligence), including Hermes, prepared two criminal analyses concerning judges, journalists, lawyers, and other individuals. These analyses were produced by the Criminal Analysis Division of the National Prosecutor’s Office.

This division was under the Department for Economic Crime, which was then headed by Prosecutor Michał Ostrowski. Ostrowski is now the Deputy Prosecutor General under Adam Bodnar and is considered a staunch supporter of Zbigniew Ziobro. He is also one of the leaders of the rebellion against Bodnar.

The analyses were prepared in mid-2021. The request for their creation was made in March 2021 by the District Prosecutor’s Office in Świdnica. Specifically, the request came from its then-chief, Wiesław Dworczak, who was also the head of the AdVocem prosecutors’ association, which gathered prosecutors aligned with Ziobro. Dworczak submitted requests for these analyses to Prosecutor Ostrowski at the National Prosecutor’s Office.

Dworczak’s request was related to an ongoing investigation in Świdnica. The case was initiated by Warsaw judge Jakub Iwaniec, who in September 2020 filed a report alleging that judges associated with former Deputy Justice Minister Łukasz Piebiak—whose names were linked to the so-called “hate campaign scandal”—were victims of a potential crime.

The individuals named in Iwaniec’s report included:

• Łukasz Piebiak
• Konrad Wytrykowski, former member of the illegal Disciplinary Chamber
• Piotr Schab, Michał Lasota, and Przemysław Radzik, disciplinary officers
• Maciej Nawacki, member of the neo-National Council of the Judiciary (neo-KRS)
• Jarosław Dudzicz, former member of neo-KRS
• Arkadiusz Cichocki, judge
• Maciej Mitera, former member of neo-KRS

Additionally, neo-KRS itself was listed as a victim. The use of terms such as “neo-KRS,” “so-called KRS,” or “unconstitutional KRS” was allegedly defamatory.

Iwaniec’s report accused individuals of allegedly harassing and defaming these judges on social media and in articles, revealing professional and disciplinary case details, and insulting neo-KRS. He also claimed that unauthorized disclosures were made regarding the hate campaign scandal, linking these individuals to it, which led to a wave of public comments.

To strengthen the report and give it greater significance, several strong statements about President Andrzej Duda were also included. This was meant to serve as evidence of an attack on constitutional bodies, including neo-KRS.

Iwaniec also pointed to specific social media accounts where allegedly offensive posts had been made about these individuals. Based on this, journalists and judges were selected for investigation.

The purpose of Iwaniec’s report was to counterbalance the hate campaign scandal. It aimed to portray judges from the Iustitia and Themis associations as the real instigators of online harassment. According to Iwaniec, there was a coordinated effort to target him and others in order to halt Ziobro’s “reforms.” The hate campaign scandal itself was, in his view, part of this alleged offensive. He argued that the entire operation was orchestrated in collaboration with the media, specifically TVN24, Onet, OKO.press, Newsweek, RMF, Gazeta Wyborcza, and Fakt.

Who Led the Investigation in Świdnica?

Iwaniec’s report was handled by the District Prosecutor’s Office in Świdnica, which was also investigating the hate campaign scandal (this case had been transferred from the Regional Prosecutor’s Office in Lublin). Both cases ended up in Świdnica because this prosecutor’s office was considered one of Ziobro’s most trusted units. In the past, it had ties to Michał Ostrowski, who was its deputy head before being promoted to the National Prosecutor’s Office in 2016.

In the first half of 2021, both investigations were handled by the same prosecutor, Mariusz Moszowski (later, the cases were taken over by other prosecutors). In one case, Iwaniec and Piebiak were potential suspects, while in the other, they had the status of victims.

According to OKO.press, Moszowski’s wife is a judge who was promoted under the PiS government. She is Kamila Borszowska-Moszowska, who in September 2020 received a nomination from neo-KRS and is now a neo-judge at the District Court in Świdnica. She also unsuccessfully applied for a position at the Supreme Court.

Borszowska-Moszowska currently serves as deputy disciplinary officer at the District Court in Świdnica. She is also involved with the Lawyers for Poland association, which includes judges who benefited from Ziobro’s judicial “reforms.” The association is led by Łukasz Piebiak.

As a neo-judge, she is active on social media, where she criticizes the current government’s actions in the justice system.

How the Data Obtained by Hermes Was Used

According to information from OKO.press, criminal analyses prepared by the National Prosecutor’s Office using Hermes were utilized for expert opinions in the Świdnica investigation. However, these data were not used directly, as they were considered unofficial, circumstantial, and requiring further verification.

Experts appointed by the prosecution analyzed Twitter posts made by journalists, judges, and lawyers. A total of 15,000 posts were selected for review, with the analysis costing 32,000 PLN.

Another expert opinion was prepared to determine who originally posted online documents such as the disciplinary proceedings initiated by judges Schab, Radzik, and Lasota. The goal was to trace the source of these documents and identify journalists’ informants. Metadata from documents were analyzed to find out who had scanned and initially uploaded them to the internet. However, no conclusive findings were made.

In 2022, when a different prosecutor took over the investigation based on Iwaniec’s complaint, the National Prosecutor’s Office commissioned an additional 23 criminal analyses, mostly focused on social media posts. Another expert opinion was ordered to establish connections between five Twitter accounts.

The cost of this analysis amounted to 20,000 PLN.

The investigation initiated by Judge Jakub Iwaniec was conducted under several articles of the Penal Code: abuse of power (Article 231), disclosure of official information (Article 266), criminal threats (Article 190, referring to posts promising repercussions for Ziobro’s associates), defamation, and insult (Articles 212 and 216).

However, after nearly four years, the investigation was discontinued. This decision came after a change in government, in September 2024. The decision to close the case was signed by prosecutor Aneta Masełko.

The District Prosecutor’s Office in Świdnica determined that there was insufficient evidence to justify a criminal offense or that the alleged acts did not meet the criteria of a criminal offense. Regarding posts about the president, the decision cited the low social harm of the act as an additional reason for dismissal. A total of 21 different case threads were closed.

Judge Iwaniec filed an appeal against the dismissal, which will be reviewed by the Świdnica District Court.

Investigation into Hermes

The purchase and use of Hermes will be evaluated by the Regional Prosecutor’s Office in Rzeszów. The new leadership of the National Prosecutor’s Office accidentally discovered the existence of Hermes at the beginning of 2024 while reviewing an unpaid invoice.

As they investigated what the invoice was for, they uncovered the purchase of the software. Hermes is produced by NSO Group from Israel, the same company that sold Pegasus to the Central Anti-Corruption Bureau (CBA). One hypothesis suggests that after the Pegasus scandal broke in Poland, authorities opted for a less aggressive tool—Hermes. However, when the new leadership of the National Prosecutor’s Office refused to pay the invoice for Hermes after the government changed, the software was deactivated.

The Regional Prosecutor’s Office in Rzeszów is not only assessing the legitimacy and legality of Hermes’ purchase but also examining its capabilities, how it was used, and what data were collected. They are also investigating whether it was used solely for prosecutorial investigations or for unofficial purposes. Another major concern is that criminal analyses with Hermes were conducted by the National Prosecutor’s Office itself. Typically, such analyses are outsourced to the police, the Internal Security Agency (ABW), or the CBA.

Ultimately, the Rzeszów prosecutor’s office will determine whether using Hermes was legal and whether the data collected with it was legally admissible. The concern is that the software had access to unofficial data, which may have included illegally obtained records from sources such as banks or government offices—so-called “fruit of the poisoned tree.”

The Świdnica investigation is also being questioned. The complaint filed by Iwaniec would normally be suitable for a civil lawsuit concerning personal rights or a private criminal indictment. Instead, it was used as a pretext to deploy state resources to scrutinize journalists and judges.

Charges in the “Hate Scandal”

The investigation into the judicial hate campaign continues. After the government changed, the case was transferred to the Regional Prosecutor’s Office in Wrocław, where it has gained momentum after five years of inaction since Onet first exposed the scandal.

After taking over the case, Wrocław prosecutors requested the lifting of judicial immunity for judges Jakub Iwaniec, Łukasz Piebiak, and Przemysław Radzik. Prosecutors intend to charge them with unlawfully disclosing sensitive information from judges’ personnel files kept at the Ministry of Justice, as well as sharing data from disciplinary proceedings.

The decision on whether to lift their immunity rests with the controversial Supreme Court’s Disciplinary Chamber. Proceedings have already begun for Iwaniec, with three sessions held so far. The case is being handled by a legitimate Supreme Court judge, Wiesław Kozielewicz, who has ordered evidentiary proceedings—an unusual step in immunity cases.

Additionally, prosecutors in Kielce are seeking to lift Iwaniec’s immunity in connection with an investigation into online harassment against Judge Waldemar Żurek. In this case, prosecutors also petitioned the new Disciplinary Chamber to strip Iwaniec of immunity, linking him to the anonymous Twitter account *FigoFago*, which was used to harass Żurek. However, a recently appointed Supreme Court judge rejected the request, ruling that there was insufficient evidence linking Iwaniec to the account. This decision is not yet final.

This article by Mariusz Jałoszewski was published in *OKO.press* on February 24, 2025.