Constitutional Court reviews controversial Sky ECC case
Albania’s Constitutional Court has begun reviewing the highly debated Sky ECC case, which revolves around the admissibility as evidence of encrypted communications decrypted by French authorities. The Special Structure Against Corruption and Organized Crime (SPAK) has used these decrypted messages to investigate and prosecute several criminal groups and political figures, leading to significant operations and arrests.
Why is this important: The Constitutional Court’s ruling on this case could set an important precedent for the use of encrypted communications as evidence in criminal trials. Businessman Pëllumb Gjoka, arrested during the so-called Operation Metamorphosis, initiated the case by challenging the admissibility of Sky ECC communications in his trial. Gjoka argues that these communications were obtained unlawfully, violating his constitutional rights, and should therefore be excluded from the proceedings at the Special Court.
The outcome of the case will impact not only Gjoka’s trial but also other sensitive ongoing investigations and prosecutions into organized crime and corruption, where the cases are built on evidence obtained from encrypted communications.
Context: SPAK maintains that the Sky ECC messages were lawfully obtained through international cooperation, specifically via letters rogatory to French authorities. They followed all proper legal and procedural channels and have been of immense importance in uncovering and dismantling criminal networks. It also argues that their use aligns with international standards and Albania’s legal framework for cross-border investigations. If the court rules in favor of the complainant, it would represent a significant setback for SPAK’s efforts to combat organized crime and corruption.
The decision of the Constitutional Court in this case will try to address the tension between privacy rights and the needs of law enforcement in combating organized crime and prove decisive for SPAK’s efforts over the past several years.
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