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SPAK has a free hand to tell us who the people in power are connected to gangs...
The Constitutional Court's decision, through which Sky Ecc's wiretapping was legitimized, is revealed.
Pëllumb Gjoka, arrested in the context of Metamorphosis, appealed to the Constitutional Court with the argument that the wiretaps were illegal. Through his lawyers, he objected to the way the files were obtained. But the Constitutional Court dismissed his appeal, and has published the full decision on its official website.
In its decision, the Court states that there was no legal violation in obtaining the transcripts. It also makes it clear that SPAK has accompanied the wiretaps with evidence in all cases.
" Other documentary, scientific and witness evidence best match the data obtained from the communications on Sky ECC between the applicant and other accomplices in the crime. The reasonable suspicion for the imposition of a security measure was strengthened during the further phase of the investigation, where it results that the applicant was taken as a defendant and the case was sent for trial at the First Instance Criminal Court before the judge of the preliminary investigation phase. From the act of notification of the accusation and the request for sending the case for trial it results that in addition to the transcripts of the communications on the Sky ECC platform, many other pieces of evidence were administered that prove the commission of criminal offenses ," the court states.
Crime was heavily invested in the Constitutional Court to overturn the wiretaps and give a decision in favor of Pëllumb Gjoka, but it did not succeed. It is even said that politics also got involved, since there are many names that appear in the Sky Ecc wiretaps. But they did not succeed either. Now SPAK has a free hand to show us who the government officials are connected to the gangs.
Excerpt from the Constitutional Court's decision
-The evidence obtained from the interception and capture of encrypted data from the Sky ECC application was created outside the territory of Albania and was obtained on the basis of international cooperation, following all the procedures required to be accepted as evidence in Albanian courts according to Law No. 10193/2009 and the provisions of the Code of Criminal Procedure. The investigation conducted in France had as its object the Sky ECC platform itself, treating it as a criminal group/organization, therefore the interception was directed towards the servers of this company located in France. In the practice transmitted by the French state, it is clear how the criminal proceedings began, what was the object of the investigation, as well as the fact that it was the Judicial Police officers who documented from a procedural point of view the implementation of the interception, etc. A copy of this documentation was made available to the applicant's legal defense attorneys during the judicial examination phase before the judge of the preliminary hearing.
-Other documentary, scientific and witness evidence best match the data obtained from the communications on Sky ECC between the applicant and other accomplices in the crime. The reasonable suspicion for the imposition of a security measure was strengthened during the further phase of the investigation, where it results that the applicant was taken as a defendant and the case was sent for trial at the First Instance Criminal Court before the judge of the preliminary investigation phase. From the act of notification of the accusation and the request for sending the case for trial it results that in addition to the transcripts of the communications on the Sky ECC platform, many other pieces of evidence were administered that prove the commission of criminal offenses. The applicant's claim that he has no connection with the user of the relevant pin code is also unfounded, since his identification was made in accordance with the provisions of Article 303 of the CPC. Other actions carried out during the preliminary investigation phase also confirm that the user of that pin code is the applicant. This claim has also been reviewed by the courts and dismissed as unfounded.
-The Court finds that the French judicial authorities, as of 24.06.2019, in the context of a French criminal investigation, ordered an interception measure on the Sky ECC servers at OVH in Roubaix, France, where encrypted data and metadata were intercepted that were initially unreadable, but enabled a technical analysis that allowed a picture to be created of the importance of certain pin codes (users of the Sky ECC application) and the importance of the relationships maintained with other certain pin codes. In addition, the encryption and configuration of the system were subjected to a technical investigation that over time enabled decryption. Substantial decryption was established and carried out only from 15.02.2021, when confirmation of the serious indicators of guilt was finally obtained, that the communication and service of the Sky ECC application, as far as could be revealed in content, was of a criminal nature à charge and à décharge in favor of criminal organizations or criminal associations. In this context, it turns out that the real-time interceptions in the Sky ECC application began in February 2021, while from 24.06.2019 there was cold, old evidence, extracted from the servers before these interceptions began.
-The communications made in the Sky ECC application have been forwarded to the Albanian authorities by the French judicial authorities via letter of request based on the provisions of the CPC and the Council of Europe Convention “On International Cooperation in Criminal Matters”. The French judicial authorities have acted in execution of the letter of request sent by the Albanian judicial authorities, for the transmission of data from interceptions received by the Paris Court, in accordance with Article 3 of the Council of Europe Convention, which provides for the general principle of the presumption of the lawfulness of their receipt by the judicial authorities of a member state of the Convention on Legal Assistance in Criminal Matters.
-The Court notes that, under Article 26, paragraph 1, of the Convention “On Cybercrime”, ratified by Law No. 8888, dated 25.04.2002, the provision of spontaneous information is also provided for and, according to it, within the limits of domestic law and without prior request, a Party may provide another Party with information obtained in the context of its own investigations when it considers that the provision of such information may assist the receiving Party in initiating or carrying out investigations or trials in relation to the criminal offences established in this Convention or may lead to a request for cooperation being made by that Party. Consequently, the Court notes that the communications made in the Sky ECC application were forwarded by the French authorities in the context of mutual cooperation between the authorities of both countries, that is to say, in accordance with the principle of mutual trust in relations between foreign judicial authorities.
- Likewise, the Court notes that in terms of creating reasonable suspicion, as the standard that is required to be met at this moment and stage of the criminal proceedings, it does not result to be based only on the communications made in the Sky ECC application received through registered mail, but also on other data obtained during the investigative activity or obtained from other criminal proceedings, which, in their entirety, do not seem to have been insufficient to create reasonable suspicion, as the sine qua non condition for restricting the personal freedom of the applicant. As the ordinary courts have also reasoned in this regard, the reasonable suspicion is not based only on the communications made in the Sky ECC application, but also on other material evidence, documentary evidence or those discovered through unrepeatable actions by the proceeding body, which have been analyzed by those courts. /Pamphlet
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