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The former judge of Serious Crimes, Gurali Brahimllari, has spoken about the decision of the European Court of Justice, which overturned the use as evidence in criminal court processes of the conversations benefited from the Encrochat and SkyECC encrypted networks.
He said that even the Albanian courts should not take SKY's messages as evidence in a criminal trial, since they are not documentary evidence, but a police interception.
The former judge added that when the phone is seized and the messages are found there, we are dealing with documented evidence.
According to him, when messages on encrypted online networks are deciphered, then they are considered interceptions and not evidence.
"In our debate with the prosecutors, it was a professional debate about the evidence. The prosecutor says that they are documentary evidence and this has been supported by the Court of First Instance, the Court of Appeal and the Supreme Court. And now let me explain what is document evidence, If we exchange messages on the phone and if the phone is intercepted, this is no longer wiretapping, since the phone is intercepted and not live online interception. In the Court of Lila, where the basis was the procedure and as the European Court decided, these are interceptions. We still don't have a judge say about the defense's claims. These are interceptions made by the police and cannot be used in a criminal process", said Brahimllari for "Euronews Albania".
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