EncroChat Phone Network Interception Upheld by Court

The Dutch Supreme Court recently confirmed the legality of using intercepted communications from EncroChat, an encrypted phone network, in a criminal conviction. This decision aligns with the principle of mutual trust within the EU, acknowledging that the evidence collected by French police was obtained lawfully under French jurisdiction. The court emphasized that it is not within their purview to question the legal compliance of investigative actions conducted by another member state. This ruling came despite objections from defense attorneys who claimed that the evidence was impermissible under Dutch law and that the defendant’s right to a fair trial was compromised due to the secrecy surrounding the French hacking operation. During the investigation, known as “26Lemont,” the suspect was convicted of drug trafficking, arms dealing, and money laundering. The case was part of a broader international effort involving multiple countries, which resulted in over 6,000 arrests and the seizure of assets worth approximately €600 million. The EncroChat network was infiltrated by authorities at a French data center, leading to significant breakthroughs in combating organized crime. However, defense lawyers argued that the Dutch had a more active role in the operation than previously disclosed, suggesting that Dutch law should apply to the evidence obtained. The Supreme Court’s judgment indicated that the French authorities collected live data from EncroChat users between April and June 2020, which was then shared with Dutch officials. Despite the Netherlands’ involvement in developing a tool for intercepting another network, Sky ECC, the court found no such support for the EncroChat interception. The court also rejected the notion that the operation constituted bulk interception, which would have been against European law, stating that the EncroChat users represented a specific, targeted group. The implications of this ruling are significant for the legal landscape in the EU, as it upholds the principle of trust between member states and the validity of cross-border investigative collaborations. Defense attorney Justus Reisinger has expressed intentions to appeal to the European Court of Human Rights, challenging the fairness of the trial and the admissibility of the EncroChat evidence. This case continues to raise important questions about international law and the balance between effective law enforcement and individual privacy rights. Source: Dutch Supreme Court approves use of EncroChat evidence | Computer W…