The ECtHR has communicated new SkyECC cases from Norway, raising fundamental questions on fair trial rights under Article 6 ECHR. Together with Silgir v Germany (EncroChat) and ongoing ANOM proceedings, the Court is shaping a European framework for the use of encrypted communication evidence in cross-border criminal cases.

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.

In recent days, numerous press reports have appeared concerning decisions by Italian judges declaring EncroChat and SkyECC evidence inadmissible.

In recent weeks, the legal landscape regarding the reliability of digital evidence has faced intense scrutiny. As landmark rulings emerge across Europe, the "blind trust" in encrypted data is being replaced by fundamental principles of a fair trial.

Christian Lödden reveals the ANOM leaks: How FBI and Lithuanian police misled judges – hundreds of convictions in Germany and Europe now at risk.

On 3 June 2025, the Cour de cassation refused to refer to the Conseil constitutionnel a question on the constitutionality of French law which, as currently drafted, denies the possibility of an effective remedy to persons prosecuted in criminal proceedings abroad, but on the basis of SkyECC evidence gathered in French proceedings.