A former UDEF chief alleges that Spanish police systematically concealed the true origin of encrypted communications evidence from ANOM and SkyECC by using “parallel construction”. The article explores the implications for fair trial rights, judicial scrutiny and the admissibility of digital evidence across Europe.

Recent revelations about Europol’s alleged shadow data repository raise serious concerns about the lawful collection and use of evidence in cross-border investigations. Against the backdrop of Sky ECC, EncroChat and ANOM cases, the article highlights the urgent need for transparency and independent judicial scrutiny to safeguard fair trial rights and the integrity of criminal proceedings.

The Basel Court of Appeal has ruled SkyECC evidence inadmissible in Swiss proceedings, citing violations of territorial sovereignty, lack of individual suspicion, ordre public concerns, and incomplete data disclosure. The judgment marks a significant shift in how courts assess cross-border digital surveillance and strengthens defence rights in international criminal cases.