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Strong decision that could change everything: Bosnia's Tuzla court rejects SKY ECC wiretaps as key evidence in trial

2025-12-03 14:08:59Aktualitet SHKRUAR NGA REDAKSIA VOX
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The Tuzla Cantonal Court in Bosnia and Herzegovina has issued a strong ruling that could fundamentally change the way criminal cases are handled in Bosnia and the entire region.

In case 03OK019233 K3, this court has dismissed evidence obtained through the interception and decryption of the SKY ECC application, calling into question the entire concept of using hacked communications as a basis for convictions.

The decision directly hits the practice of recent years, where messages from SKY, ANOM or other encrypted platforms have been used as key evidence in many processes.

The court reasons that the defense has no way of verifying the legality of the collection of these data, because there is no official act or order indicating who collected them, when, for what reason and with what legal authorization. Their admission, according to the decision, would violate Article 6 of the European Convention on Human Rights, which guarantees the right to a fair trial and adversarial proceedings.

The court also raised the most serious suspicion – that the entire SKY decryption operation was mass surveillance, not targeted wiretapping, which violates the standards of criminal procedure. Given that thousands of people were monitored outside any national jurisdiction, including those who were not under investigation, the court concludes that the evidence was compromised at its source.

It is also required to clarify whether the SKY data is real evidence or just raw data obtained by intelligence services in an unknown manner. The lack of information on the method of collection, access, storage and destruction of the materials creates the risk that the courts will legalize the collected evidence in violation of the fundamental rights of citizens.

This decision takes the debate to a whole new level. For the first time, a high-ranking court in Bosnia is clearly ruling that wiretaps and hacked communications cannot be key evidence in a trial unless they were collected according to the rules of a fair and transparent process.

Lawyers and legal experts meanwhile see this decision as a strong signal that the era of convictions based solely on SKY is coming to an end and that European human rights standards are finally gaining the weight they deserve in the region.


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