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European Court of Human Rights rules British EncroChat wiretapping of two defendants inadmissible

2024-10-17 16:49:53Aktualitet SHKRUAR NGA REDAKSIA VOX
European Court of Human Rights rules British EncroChat wiretapping of two
ECHR

Two requests related to the remote collection of EncroChat user data and their transfer to UK authorities are declared inadmissible.

In its judgment in the case of AL and EJ v. France (application nos. 44715/20 and 47930/21), the European Court of Human Rights unanimously declared the applications inadmissible. This decision is final.

Both requests related to the remote collection of user data by encrypted telecommunications tool EncroChat and sharing it with UK law enforcement authorities. EncroChat was an encrypted mobile phone communications tool for which more than 66,000 devices were secretly deployed in 122 countries from 2016 to 2020.

The court noted that EncroChat user data had been collected at the initiative of the French authorities through a data collection measure ordered in the context of criminal proceedings opened by the specialized inter-regional unit of the criminal court of Lille . Data relating to UK-based EncroChat users was transferred as evidence already in the possession of French authorities for use in other criminal cases under a European Investigation Order (EIO) issued by the Prosecution Service of the Crown of the United Kingdom. The data collected remotely was included as prosecution evidence in the proceedings against the two applicants in the United Kingdom.

The court noted that under Article 694-41 of the French Code of Criminal Procedure, the applicants could have requested the exclusion of evidence obtained through the implementation, in France, of the European Investigation Order of 11 March 2020 imposed by the authorities of the Kingdom United States, and that they could have done so under the same conditions and in accordance with the same procedures as a person under judicial investigation in France, arguing that they were in a comparable procedural situation and that the data transferred originated from a data collection measure which was incompatible with the requirements of Article 8 of the Convention.

The Court concluded that there was a remedy available to the applicants in France through which they could have effectively challenged the data transfer order obtained pursuant to the European Investigation Order issued by the UK authorities, along with the data collection measure. However, the applicants had not availed themselves of any means of appeal in the French courts and had not presented any special circumstances that could preclude them from doing so.

Considering that the applicants had not fulfilled the requirement to exhaust domestic remedies, the Court declared their request inadmissible.


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