EncroChat’s path to Europe’s highest courts

Summary:

After infiltrating an encrypted phone network widely used by criminals (EncroChat), law enforcement authorities in Europe made headlines with high-profile arrests and seizures. Across Europe, defendants are now challenging evidence and convictions, claiming flawed investigations, violations of cross-border evidence-sharing rules and insufficient disclosure of evidence. They argue that authorities violated their rights to a fair trial, effective remedy and privacy. This paper provides background on the EncroChat operations and an overview of the trends in French, German and UK jurisprudence, and calls attention to recent challenges before Europe's highest courts.

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