On 16 December, the EU Parliament Research Service published a briefing paper about the encrypted phone network widely used by criminals – EncroChat – saying that 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. The briefing 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.
https://www.europarl.europa.eu/RegData/etudes/ATAG/2022/739268/EPRS_ATA(2022)739268_EN.pdf
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