#encrochat#SkyEcc
5.5.26 – Our final submission to the ECtHR has been received in Strasbourg.Thanks to ECBA, Fair Trials, J. Reisinger, Team Xhon, NCA Nemisis & ANTX. Your input flowed into this last statement.
Let's hope this is the beginning of the end of the crypto-scandal♥️
#Encrochat#SkyECC#Anom
Survey of landmark rulings on the admissibility of encrypted communications evidence — from national courts to the European Court of Justice
https://t.co/H7VFpxBb7j
# encrochat
#skyecc
3/3 – ist das „einengende Flussbett“. Dieses wird nicht als gewalttätig benannt. Wer nur die Reaktion bestraft, aber die auslösende Struktur ignoriert, betreibt jene Doppelmoral, die Brecht anprangert.
Kommende Woche geben wir unsere Finales Statement ab…
#Skyecc#Encrochat
2023: Norwegian prosecutors said Sky ECC raised “no difficult legal questions.”
2026: The ECHR is now asking Norway whether anyone ever verified the authenticity, integrity, or completeness of the data.
This didn’t age well.
https://t.co/O81Nnr74Nr
Have a read. Article 6 is the silver bullet
Encrochat
Anom
SkyEcc
•Can the defence effectively challenge the evidence?
•Can courts independently verify authenticity?
•Does judicial deference to foreign investigative measures undermine fair trial guarantees?
And there you go …..all 3 being grilled by @ECHR_CEDH . Enjoy the ride, it’s about to get eventful. 3 applicants, 3 directions, all heading to the same place , breach of article 6. How can it not be a breach of article 6. Anyone got their raw data.
Encrochat Anom SkyEcc
Three platforms. Three countries. Three communicated cases in under 12 months.
The Court is asking the same questions across all three — which means it is preparing to answer them.
When those answers come, they bind all member states.
Across all three cases, the same argument is used to avoid scrutiny:
The trust principle — "we received this from a trusted allied state."
The Court now does not ask: "did you trust them?"
It asks: "did you verify?"
The questions continue:
(d) Did inability to review chain of custody put the defence at a disadvantage — and was that sufficiently counterbalanced?
(e) Did courts adequately reason their response to defence objections on reliability?
(f) Was the defence penalised for failing to explicitly request exculpatory material?
Every conviction built on Sky ECC, EncroChat or ANOM evidence — in the Netherlands, Belgium, Germany, France, the UK, Estonia, Norway and beyond — rests on the same foundation the Court is now examining. We are witnessing a big one here. This is going to be the ruling of our era.
The standard being set is high.
Not: "was there other evidence?"
Not: "did you trust the source?"
But: genuine scrutiny. Was there a fair trial? Real equality of arms? Adequate reasoning? Complete datasets? Verifiable authenticity?
The 8 questions to Norway are a complete Article 6 blueprint:
(a) Was encrypted evidence decisive?
(b) What domestic safeguards ensured integrity and authenticity?
(c) Did the defence have a real and effective opportunity to challenge it — under equality of arms?
Three questions. Three routinely violated rights.
Now Case 3 — Sky ECC → Norway
I. and E. v. Norway. Communicated: this week.
Article 6 § 1. Sky ECC and EncroChat evidence from France. Eight questions to Norway.
Yalçınkaya applied to Sky ECC for the very first time!
Case 1 — EncroChat → The Silgir case. Communicated: October 2025. Articles 6 and 8. EncroChat data from France. Decisive evidence. No access to raw data. No independent verification.
The first encrypted phone case to cross the Strasbourg threshold.
Again the court refers to the : Yalçınkaya case (no. 15669/20 26 September 2023)
The Grand Chamber set the standard: when digital evidence is decisive, courts cannot simply accept it. Authenticity, reliability, integrity must be genuinely scrutinised.
Breaking: For the first time, the ECtHR has communicated a Sky ECC case — I. and E. v. Norway.
This completes the trifecta: EncroChat (S. v. Germany), ANOM (R. and R. v. Estonia), and now Sky ECC.
Three countries. Three cases. One unmistakable pattern.
Strasbourg is building a landmark. Let's dive in. 🧵