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Lawyer: SKY ECC communications do not constitute EVIDENCE

2024-05-10 14:16:14Aktualitet SHKRUAR NGA REDAKSIA VOX
Lawyer: SKY ECC communications do not constitute EVIDENCE
Fiori Dardhs and av. Gentjan Rumano

Communications in the SKY ECC app cannot be taken as evidence by the courts. This is what lawyer Gentjan Rumano said in Breaking with Fiori Dardha on Top News.

The wiretapping of communications at SKY ECC, the disclosure of which has led to the imprisonment of several people, has created a lot of noise in the public opinion that there will be more arrests.

SPAK has millions of pages of unsolved messages, which are said to include well-known names from the world of crime, the judiciary, politics, etc.

However, the European Court of Justice dismissed these communications, concluding that they cannot be taken as evidence.

Asked about this issue, lawyer Rumano says:

" I have an unwavering attitude regarding this issue. In my opinion, all the communications that have benefited from the Sky ECC platform do not constitute evidence or evidence, because the evidence must be taken only in the form provided by the code of criminal procedure.

These communications, which are not verified to be the persons who have been accused by SPAK, cannot be used even in the form of evidence, no longer to be sent to court.

Why? The Code of Criminal Procedure clearly defines the method of obtaining evidence and creating suspicion through evidence. So it foresees the interception of phone calls or the environmental one, which must be obtained with an authorization from the court. So at this point these are invalid.

It is not up to us to tell SPAK, what is the form to legalize these communications, but for SPAK to file a fair request in court, which must be accepted in terms of communications. In what form were they obtained, who is their source and how was the conclusion reached? Because despite the fact that they are clues to reach other evidence, they must be presented in the form of evidence.

(...)

What is the form that the prosecution must submit for obtaining this evidence? There is no form for taking this test. It is against the law to take it. Here is the whole puzzle and the legal battle that SPAK has to defend before the court. If we don't have a normal solution to prove how the evidence was obtained, then this evidence is invalid, it is unusable before the court. The same thing happened in the European Court of Justice, but also in other courts in Germany, Italy, Holland, Turkey.

Precisely because of the procedural reason of taking the evidence, it has become a fact that it cannot be considered as evidence or as evidence. The court has a very big challenge ahead. She has clearly shown that she is always in favor of the prosecution in terms of its requests. It has helped him even without sufficient evidence. This shows bias and unprofessionalism. This is a very difficult challenge and must be joined by our European colleagues who have deemed the SKY ECC intercepts unusable "


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