Constitutional Court Decision on Sky ECC: A Bold Step in Accordance with European Jurisprudence

The recent unanimous decision of the Constitutional Court of Albania, disclosed and published this week, regarding the legality and usability of evidence obtained through encrypted communications on the Sky ECC platform, is a bold step and in full compliance with the practices of the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (ECJ).

The week has seen other bold judicial decisions, but this decision is also important because it aims to help law enforcement agencies unravel the contract between politics and organized crime now ahead of the May 11 elections.

I have followed the case driven only by academic interest and the early stance that the French “Vanilla” operation regarding encrypted platforms is a fantastic story of justice in the world. For Albania, it is intertwined around the contract of crime with politics: you help me win the elections, I in power, I give tenders, wealth, forgive taxes, or support when you have problems.

I have been eagerly awaiting the decision, so I am sharing some of my thoughts on it. I have argued in previous articles that Albania should follow European standards in the investigation and prosecution of serious crimes, guaranteeing not only a strong justice system, but also respect for fundamental rights.

Although skepticism was high due to the implication with politics, the full decision confirms the approach that our justice system must follow to combat organized crime effectively.

Main findings of the Constitutional Court

?1.? Legality of evidence from Sky ECC

The Constitutional Court assessed that the evidence obtained through Sky ECC was obtained in accordance with international legal assistance and the European Convention on Mutual Legal Assistance in Criminal Matters. The Court emphasized that this evidence was transferred from the French authorities to the Albanian authorities in a legitimate and documented manner. (pages 49-50)

?2.? Existence of reasonable suspicion

In accordance with international standards, the Constitutional Court concluded that there was sufficient evidence to establish reasonable suspicion of involvement in criminal activity. This element is essential for the imposition of the security measure “Arrest in prison”, which is justified by the need for a thorough investigation and the guarantee of a fair criminal trial.

?3. ?Respect for the rights of defense

The Court stressed that the parties must be given the opportunity to challenge the legality and admissibility of evidence during a criminal trial. The applicant has the opportunity to challenge the manner in which evidence was obtained, issues related to mass surveillance, the right to a defence and the admissibility of transcripts during the trial. This is an important element that guarantees a fair trial and respects the principle of equality of arms between the prosecution and the defence.

?4.? The use of foreign evidence as an accepted standard in international justice

The decision confirms that evidence collected by foreign authorities, possibly also in other applications, when obtained in accordance with international law and agreements, can be used by Albanian courts. This is an important step towards strengthening international cooperation in the prosecution of organised crime. This will in no case imply (no) guilt as it must be linked to other elements.

Parallelism with ECJ and ECHR decisions

?1.? The right to privacy protection and proportionality

In cases reviewed by the ECHR, such as “Big Brother Watch v. UK”, it has been emphasized that interference with privacy is permissible if it is proportionate, foreseeable and pursues a legitimate aim of public security and the fight against organized crime. The Albanian Constitutional Court has followed the same standard by allowing the use of Sky ECC evidence as a legitimate means of uncovering criminal activity.

?2.? Use of evidence collected from other countries

The ECJ, in its decision “Minister for Justice and Equality v. LM”, has emphasized that evidence obtained from another state can be used in criminal proceedings if it was obtained in accordance with the law and fundamental rights. The decision of the Albanian Constitutional Court is in the same line, confirming that the evidence from Sky ECC is valid and usable in judicial proceedings in Albania.

?3.? The need for effective investigation of serious crimes

The ECHR (Strasbourg) in the case “MK v. France” has ruled that states have a positive obligation to guarantee an effective investigation of serious crimes. The Albanian Constitutional Court has followed the same principle by allowing the use of evidence that assists in the investigation of serious crimes and in ensuring justice.

CONCLUSIONS

The Constitutional Court's decision is a bold and important step for Albanian justice in the fight against organized crime and the political contract with crime. It confirms the effective approach that we must follow in the investigation and prosecution of serious crimes. In an era where criminal groups use advanced technology to avoid legal responsibility, the justice system cannot be left behind.

This decision strengthens the rule of law, guarantees more effective justice, and sets an important precedent for the use of evidence obtained through international cooperation, and aims to shed light on the links between politics and organized crime.