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Journalist Artan Hoxha has revealed a decision of the European Court of Justice, according to which the messages discovered on the Sky Ecc platform cannot be used as evidence in court. SPAK is conducting investigations for some criminal groups, but it seems that within the framework of this decision, there may be developments.
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The European Court of Justice has rejected the use as evidence in criminal court proceedings of illegally obtained conversations from encrypted networks Encrochat and SkyeCC.
On October 19, 2022, the Berlin court in Germany addressed the European Court of Justice to clarify how it should have acted with the conversations of the encrypted networks Encrochat and SkyeCC, which had benefited from an external intervention in the system by the authorities french.
This request of the Berlin court was accepted for review by the European Court on October 24, 2022.
Almost 18 months later, the European Court of Justice announced its decision.
European Court of Justice
(Great Room),
on 30/04/2024,
Announced the DECISION in case C-670/22, determining that the transcripts received by the French judicial authority constitute "interception of telecommunications".
This decision of the ECJ is related to the request of the Court of Berlin (Germany), on some issues of the implementation in the different countries of the EU, of the transcripts of the interceptions of the communications of the Encrochat platform which were carried out by the French authorities through a technical device that has infiltrated Internet-based communications traffic.
In this Decision, the Court, even though it confirms the principle of mutual recognition of the judicial decisions of the member countries, calling this principle the "foundation stone" of judicial cooperation in criminal cases, requires that the evidence sent by the French court with the European Criminal Investigation Order, to be verified by the judicial authority of other countries, if they were obtained in accordance with the procedure provided by the domestic legislation and if they are in harmony with the principles of the law of the respective state.
The Grand Chamber of the ECJ clearly defined that the penetration of terminal devices, aimed at extracting data about the traffic, location and content of conversations carried out by an Internet-based communication service, constitutes "interception of telecommunications".
The EU Court establishes a deeper protection of these rights because, interpreting Article 14(7) of the Directive, it imposes on the national criminal judge that, within the framework of a criminal proceeding initiated against a person suspected of criminal acts, to not consider the received information as evidence, if the suspect and his defense are not given the opportunity to make an effective defense, or to efficiently present their observations, for this information, which has a substantial impact on the assessment of the facts.
Based on the criminal processes taking place in Albania, the results of the interception of the conversations of the suspects as users of the SkyECC platform Encrochat, even though they came by mail from the French judicial authorities, cannot be used to justify the detention and trial of these people.
This is because the transcripts are the results of mass interception, which were obtained by interfering with the flow of conversations of all communicators, in violation of the provisions of the Albanian procedural legislation and non-respect of the constitutional guarantees for the secrecy of correspondence as well as any other means of communication. .
The decision announced on 04/30/2024 by the ECJ obliges the criminal judge of each member state to exclude the use of transcripts if the method of their collection has not been made transparent.
The Court of Appeal in Paris has sent to the Albanian judicial authority, only a CD with the transcripts of the mass wiretapping, not making transparent, not only the data of the wiretapping device and the way of its use, but also the decision of the French Judge that allowed the wiretapping .
Likewise, neither the decisions of the French judge on the extension of the deadlines of these interceptions nor the certification of the authenticity of the results of the interceptions have been brought.
Below is the full decision of the European Court of Justice, announced on Tuesday, April 30, 2024....
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