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SKY communications become ZERO? Former prosecutor: The whole situation at the expense of those who have been arrested due to wiretapping

2024-05-14 14:29:02Aktualitet SHKRUAR NGA REDAKSIA VOX

SKY communications become ZERO? Former prosecutor: The whole situation at the

In 2020, French police infiltrated an encrypted phone service widely used by criminals in Europe.

After the decryption of some of the communications, the Albanian police arrested dozens of people, mainly in what is referred to as the "Metamorphosis" file.

However, the European Court of Justice rejected a few days ago the use as evidence in criminal court proceedings of the conversations obtained from the encrypted networks "Encrochat" and "SkyECC".

Former prosecutor Eugen Beci clarified the situation created in our country. He states that interceptions cannot serve as proof, but are an indication that leads to proof.

Invited to the Breaking studio with Fiori Dardha on Top News, he said:

" Only one CD has arrived from the French authorities. Based on the spirit of this decision of the European Court of Justice, despite the fact that it does not directly affect the Albanian jurisdiction, because we are not a member country of the EU, but referring to the relations through the European Convention of Human Rights, relationship, through the convention for mutual mutual assistance, the Albanian state is obliged that the French authority not only ask for the CD. In case it is only the CD we can say that the answer to your question is YES (communications become null). But in the event that the Albanian prosecution requests the French authorities and the decision of the French court that has made possible the mass interception of SKY encrochat, in the event that we have a court decision, of course these will be used.

But again we must emphasize, not as evidence, but as a means of seeking evidence. It has often been abused even by the Albanian courts: The tool for searching for evidence is wiretapping, it is nothing else.

But this decision, moreover, extends its hands in other procedures that the Special Prosecutor's Office has often overdone, exceeding in the attack on human rights.

The Special Prosecutor's Office must be careful, it must request a court order to seize the phone, to examine a telephone conversation that was made on Whatsapp"

According to the journalist Aida Topalli, these applications were made with the purpose of intercepting the characters of the world of crime.

" Certain applications have been made to tempt underworld characters, or characters who make international traffic in narcotics created in some way specifically by international law enforcement bodies, not having the opportunity to intercept with other methods. Not having the opportunity and human resources to do other interceptions with infiltrators and so on, they use these methods, giving them confidence and credibility that they are undecipherable and untouched by the institutions until the moment they get enough data to destroy some of the groups that operated not only in Albania, but all over the world ," she said.

Former prosecutor Beci said that the Special Prosecutor's Office is obliged to send a letter to the French court to ask if these interceptions are legal. But this takes time and is certainly at the expense of the persons who have been arrested based on these interceptions.

" The European Court has said it explicitly: The decision announced on 30.4.2024 of the European Court of Justice forces the criminal judge of each member state to exclude the use of transcripts, if the method of their collection has not been made transparent . It is clear and categorical. So even if the Albanian state has not provided these communications in this way, i.e. this procedure has not been implemented, communications automatically become null.

The special prosecution will be forced to make additional letters to the French justice authorities. The Special Prosecutor's Office has rushed, based on the transcripts, from this CD to arrest 10 for "metamorphosis 7" and 7 for "metamorphosis 10". After the decision of the European Court of Justice came out, the special prosecution sees that this single CD does not stand for these indicia, and is obliged and asks by letter to the French judicial authorities and says, "you brought me a CD with interceptions of SKY Encro Chat, do you have a court decision for this interception that you did? Do you have extensions of court decisions due to the interceptions that may have lasted in time and in case the French authorities bring it, since the security measure is a measure, and which is based on reasonable suspicions, of course it remains valid, but the bringing of the decision by the French authorities by registered letter in addition can make the special prosecution takes time without question, but at least it makes the legally regular process in the implementation of the rights of to man.

All this is at the expense of those people who are banned today.

That's why I emphasize 2 points: Wiretapping of telecommunications should be legal so that those people are justified in being in prison and the basic principle that wiretapping is not evidence for evidence is addressed," said Beci.


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