Defence lawyers across Europe argue that the messages obtained through the infiltration of EncroChat should not be admissible as evidence in court. In two open letters, 100 lawyers and 22 lawyers, respectively, many directly involved in defending EncroChat users, criticise the fact that defendants face unfair trials because prosecutors refuse to disclose information about the hacking operations.
In France, lawyers challenge, for instance, (i) the absence of a time limitation on interception measures in court orders, (ii) the authorisation of far-reaching measures through court orders, which are not covered by their envisaged legal bases, (iii) the 'massive and indiscriminate' interception, and (iv) the refusal of the Gendarmerie to disclose any technical details of the interception operation.
Conversely, Eurojust considers that the French investigation was conducted in accordance with the applicable legal rules. Reportedly, the French Gendarmerie stated that it had obtained a favourable opinion on their data impact assessment from the French Data Protection Authority (CNIL), as well as a positive opinion from the ministerial data protection officer.
Asked by Le Monde, the CNIL specified informally that this opinion was a declarative commitment without the document having been re-examined.
The French Cour de cassation (supreme court) has ruled on two EncroChat cases, after asking the Conseil constitutionnel (constitutional court) whether Articles 706-102-1 and 230-1 et seq. of the French Code of Criminal Procedure are constitutional.
The Conseil consitutionelle ruled in its decision of 8 April 2022 that the criminal code provisions allowing investigators to place technical information under national defence secrecy do not violate defendants' rights to an effective judicial remedy, their right to privacy, freedom of expression, or any other right guaranteed by the Constitution (EN and FR summary).
Incidentally, the decision draws attention to legal requirements and the necessary disclosure of certain information to justify the removal of certain technical information from the adversarial process. In turn, on 11 October 2022 the Cour de cassation found that the Court of Appeals did not adequately address the absence of a certificate validating the results of the operations, partially quashed the contested decision of the Nancy Court of Appeals, and referred the case to the Metz Court of Appeals for a new ruling (summary).
On similar grounds, it also partially quashed another contested decision of the Nancy Court of Appeals two weeks later and referred it to the Paris Court of Appeals. The French cases could affect prosecutions and legal challenges across Europe, which rely on the information provided by French authorities (evidentiary 'black hole').
So far, UK challenges to the use of the European Investigation Order (EIO), requiring the French authorities to give the Crown Prosecution Service access to EncroChat Data, and to the admissibility of evidence in EncroChat cases have remained unsuccessful.
The Administrative Court, part of the English High Court, refused the application for permission to judicially review the EIO on which the claimant's criminal proceedings depended (summary), and the Court of Appeal (Criminal Division) ruled that the communications collected are admissible as evidence (summary).
The latter commented that, if similar appeals were launched, 'those involved should not be surprised if the trial judges deal with them rather more briskly' and refused leave to challenge the evidence in the UK Supreme Court. Forensic expert witnesses involved in EncroChat cases point out that the Court of Appeal's decision 'fundamentally changes UK policy on intercept evidence' and that law enforcement agencies may attempt to rely on the permissive legal basis for 'equipment interference' to intercept transiently saved data. Reports emerged that the Investigatory Powers Tribunal, responsible for complaints against intelligence services, is hearing cases related to EncroChat – this redress avenue was recommended by experts and mentioned by the Administrative Court.
Conversely, German prosecutors suffered a setback when the Berlin Regional Court found EncroChat evidence inadmissible in July 2021. The court held that the evidence was obtained in breach of the European Investigation Order Directive and that the facts of the case did not give rise to a sufficient level of suspicion that would warrant the surveillance measures applied.
Consequently, it recognised a violation of the constitutional fundamental right to confidentiality and integrity of information technology systems, as well as the fundamental right to secrecy of telecommunications (summary). On appeal by the Prosecutor's Office, the Berlin Higher Regional Court reversed the decision in August 2021, in line with a number of other Higher Regional Court rulings from across Germany (e.g. Karlsruhe, Brandenburg, Düsseldorf, Rostock, Schleswig).
Exceptionally, the Frankfurt (Oder) Regional Court expressed sympathy with the position of the Berlin Regional Court. In a recent decision, the Federal Supreme Court determined that EncroChat data may be used for the investigation of serious criminal offences (press release).
The admissibility of evidence is not contingent on whether French investigations operationally satisfy German legal standards, nor did French investigations violate basic human rights or constitutional requirements rendering evidence inadmissible, nor does delayed disclosure of surveillance operations relating to German territory prejudice admissibility.
The Federal Constitutional Court announced that it had received a constitutional complaint against a judgment of the Rostock Regional Court and the related Federal Supreme Court decision.
Applications to the CJEU and the ECtHR
The division of the Berlin Regional Court that had previously declared EncroChat evidence inadmissible recently requested a preliminary ruling from the Court of Justice of the European Union (CJEU) on 14 critical questions concerning another EncroChat case (summary). In addition, two British detainees have lodged applications with the European Court of Human Rights.
ENCRYGMA.COM Offline “ Air Gapped” Super Encryption Mobile Machines & SuperEncrypted Cellular Phoness.
SuperEncrypted Communications: Ultra Encrypted Text Messaging with No Cellular or Internet Connection. No Servers. More Secure than a Face To Face Meeting.
WATCH THE VIDEO BELOW ⬇️
Cyber Defense Advisors ✅ WhatsApp/Telegram/Signal/Viber +372 5734 7873
info@DigitalBankVault.com or visit ENCRYGMA.com.
ENCRYGMA.COM Encryption Machines : The Highest Level of Cyber Defense for Secret Critical Data.
Mathematically Unbreakable Quantum Safe Encryption. Anti Interception. Anti Espionage. Anti Hacking. Anti Spyware . Anti Digital Forensic Data Extraction. Immune to Online Attacks.
PRIVACY IS LUXURY
SECRECY IS PRICELESS
Ultra Encrypted Communications
🇬🇧 CIPHER SYSTEMS & MOBILE ENCRYPTION MACHINES
Used by Billionaires, CEOs, VIPs, Celebs, Royals, WallStreet Sharks, Bitcoin Whales
The ENCRYGMA.COM Super Encryption Tech can’t be deciphered by any Governments, Cyber Authorities, Intelligence Agencies , Homeland Security or State Sponsored Hackers. #Blackberry #phantomsecure #EncryptedPhone #Encrochat #SkyECC #AnOm #cipherphone #encryptedphone
The ENCRYGMA.COM Encryption Machines can’t be penetrated by any type of Digital Forensic Extraction Tolls , they are immune to online and offline hacking and cyber attacks , spyware or malware infections.
If you need to communicate top classified information, transfer secret data or store sensitive files , you need an Anti Espionage and Anti Interception ENCRYGMA.COM Cipher Machine.
The ENCRYGMA.COM Cipher Machine is an above “Government Level”, Quantum Safe Encryption, mathematically uncrackable, no matter how much computational power is applied.
SECRECY IS PRICELESS
Offline “ Air Gapped” Super Encryption Mobile Machines & Ultra Encrypted Phones
Ultra Encrypted Text Messaging with No Cellular or Internet Connection. No Servers.
Encryption Keys generated offline by the user , never exchanged with third parties and erased permanently after each session.
More Secure than a Face To Face Meeting.
More details?
Consult with our
Cyber Defense Experts at : Info@DigitalBankVault.com
Visit us today at : https://www.digitalbank.capital/knox-encrypted-smartphone
SECRECY IS PRICELESS
Offline “ Air Gapped” Super Encryption Mobile Machines.
SECRECY IS PRICELESS
Offline “ Air Gapped” Super Encryption Mobile Machines.
How it works ? Watch the video below 👇
Full technical details:
Cyber War Grade, Mathematically UnCrackable, Quantum Safe, Air Gapped (Offline) Encryption Machines More details ? Click here: ENCRYGMA.com .
“ If you need to communicate top classified information or you need to store secret data and be absolutely sure that no state-sponsored hackers, no foreign Governments , no intelligence agencies will be ever able to decipher the files, you need an Above Military Level Offline SuperEncryption System”
Visit us today at : https://www.digitalbank.capital/knox-encrypted-smartphone
ENCRYGMA.COM Cyber Defense Advisors ✅WhatsApp/Telegram/Signal/Viber +372 5734 7873
Cyber War Ultra Encrypted Communications.
More details? Consult with our cyber defense advisors at info@DigitalBankVault.com or visit ENCRYGMA.com
Visit us today at : https://www.digitalbank.capital/knox-encrypted-smartphone
TAGS:
Blackberry,Phantom Secure,Encrochat, Sky ECC, An0M, Blackphone Privy, Kaymera, Silent Circle,Katim, Intactphone,KryptAll,Cipher Phone, Omerta Digital,Diamond Secure,Ano Phone,K-iPhone,Purism Librem 5, Solarin From Sirin Labs, Sirin Labs Finney U1,Bittium Tough Mobile 2C, Silent Circle Blackphone 2, Encrygma SuperEncrypted Phone, Encrygma.com, most secure encrypted phone, Encrygma, Encrypted Phones for Sale
#PegasusSpyware #Encrochat #CyberProtection #cipherphone #SKYECC #encryptedphone #encryption #Encrypt #hacking #interception #ESPIONAGE #securecommunication #spyware
are cell phones encrypted
encrypted cell phone
encrypted smartphone
secure encrypted phone
encrypted mobile phone
encrypted phone for sale
encrypted phone service
fully encrypted phone
crypt phone
crypto phones for sale
fully encrypted cell phone
how to get an encrypted phone
mobile phone encryption device
phone encrypted for security
phone is encrypted for security
mobile phone encryption security
what does android encryption do
what does it mean if your phone is encrypted
what is encrypt phone
what is encrypting your phone
your phone is encrypted for security
best encrypted mobile phone
best encrypted phone
encrypted android os
encrypted cell phone communication
encrypted mobile phone suppliers
how to encrypt android phone calls
secure cell phone service
secure phone system
what does encrypt device mean
what does encrypt phone mean
what does encrypting my phone do
what does encrypting my phone mean
what does it mean encrypted phone
what does it mean your phone is encrypted for security
what happens when you encrypt your android phone
what is the meaning of encryption in mobile phone
whats an encrypted phone
best encrypted cell phone
cell crypt app
cell phone secure line
cell phone security in cryptography
cellular voice encryption
encrypt your phone android
encrypted phone os
encrypted phone uk
encrypted smartphone 2023
how encrypt phone
how to encrypt cell phone calls
how to encrypt cell phone communications
how to encrypt mobile devices
how to encrypt phone
how to know if my phone is encrypted
is my device encrypted
mobile encryption meaning
mobile phone call encryption
what happens if i encrypt my android phone
your phone is encrypted for security samsung
android decrypt data
android encryption
android encryption policy
android hardware encryption
android turn off encryption
app to encrypt android phone
aquarius encrypted mobile phone
are samsung phones encrypted
best cell phone for privacy
can i encrypt my android phone
cipher phone australia
cipher phone review
cipher phone specs
data encryption for android
does android encrypt data
encro phone for sale
how to encrypt apps on android
how to encrypt my android phone
how to encrypt my phone
how to encrypt phone calls iphone
how to encrypt your android phone
how to make a secure cell phone call
how to unlock an encrypted phone
iphone voice encryption
kryptall iphone for sale
kryptall phone cost
kryptall phone for sale
mobile device data encryption
mobile encryption app
mobile phone encryption software
most encrypted cell phone
most encrypted phone
ecure encrypted voip
secure voip iphone
securephone
should i encrypt my android tablet
should i encrypt phone
update encrypted android
what does encrypt by default mean
what is hardware encryption in android
your device is encrypted for security
best phone encryption software
best secure mobile phone in the world
black phone private os
buy encrochat phone
can an encrypted phone be tracked
can encrypted phone be hacked
cellcrypt download
cellcrypt inc
cellcrypt ltd
crypt app
crypt com
cypher phone australia
decrypt device android
decrypt my phone
device encryption
does encrypting phone slow it down
encrochat phone price
encrypt a file android
encrypt android tablet
encrypted file system android
encrypted group calls
encrypted mobile phone manufacturers
encrypted nokia phones
encrypted phone call app
encrypted phone number app
encrypted voice call app
encryption manager android
encryption of data storage on device
encryption settings
end to end encryption phone call
how to encrypt android tablet
how to encrypt files on android phone
how to encrypt iphone calls
how to encrypt note 2
how to encrypt note 5
how to encrypt phone calls on iphone
how to encrypt samsung phone
how to encrypt your android phone or tablet
how to encrypt your phone
how to make encrypted calls
how to secure a cell phone line
how to secure a phone line
how to secure phone calls
k iphone price
kryptall phone price
military encryption software for mobile phones
mobile encryption and decryption
mobile phone cipher
most private cell phone
most safest mobile phones
most secure cell phone carrier
most secure cell phone in the world
most secure phone
most secure phone on the market
most secure smart phones
most secure smartphone
most unhackable phone
secure id phone calls
secure mobile phones in india
secure phone calls iphone
secure phone line
secure smart phones
secure smartphone os
secure telephone
secure telephone service
secure voice
secure voice communication
secure voice conferencing
secure voip app iphone
should i encrypt my tablet
should you encrypt your smartphone
smartphone security hardware
super secure phone
the most secure smartphone
turn on encryption android
voice encryption
voip encryption software
what is encrypt device in samsung
what is the most secure mobile phone platform
best cell phone for law enforcement
best cell phone security
best phone for hacking
bureau of investigation
call scrambler app
calling cipher
can a flip phone be hacked
can a non smartphone be hacked
can cops hack your iphone
can cops hack your phone
can flip phones be tapped
can my blackberry be hacked
can police get into an iphone
can the government hack your phone
can the police hack your phone
cell phone data security
cell phone signal encryption
cell secure contact details
cellcrypt
chiffrement android
chiffrer android
cipher chat no internet connection
cipher ios
ciphr phone samsung
com lge sdencryption
communication security group
convert to file encryption android n
cryptic phone
crypto phones prices
cryptophone app
cryptophone australia
cryptophone ebay
military grade encryption phone
military secure phone
mobile cryptography
mobile data encryption techniques
mobile encryption techniques
mobile phone privacy laws
mobilecrypt
most private mobile phone
most safe android phone
most secure android os
most secure android phone
Comments