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Encrypted Communications Platforms

European Court of Human Rights

ECtHR

European Court of Human Rights, Isha v. Norway / Emmen v. Norway 7905/25, 9417/25

SkyECC and EncroChat Evidence Before the ECtHR: Norwegian Convictions of 20 and 12 Years Challenged on Fair Trial Grounds

The European Court of Human Rights (Second Section) communicated on 6 May 2026 the applications in Isha v. Norway (no. 7905/25) and Emmen v. Norway (no. 9417/25), both pending, concerning SkyECC and EncroChat evidence obtained from French authorities and used as decisive evidence in Norwegian drug proceedings. The Borgarting Lagmannsrett convicted both applicants on 31 May 2024 — sentencing them to 20 and 12 years' imprisonment respectively — on the basis of decrypted messages; the Norwegian Supreme Court refused leave to appeal on 15 November 2024, accepting that collection under a French court order precluded further domestic scrutiny. Before the ECtHR, both applicants allege violations of Art. 6 § 1 ECHR: the defence had no access to underlying data collection methods, chain of custody, or technical manuals; message datasets were incomplete; and the courts failed to exercise due caution in attributing accounts and drawing inferences. The Court's eight detailed questions — invoking Yüksel Yalçınkaya v. Türkiye [GC] — probe decisive character, data completeness, equality of arms and adequacy of domestic reasoning, extending Strasbourg's scrutiny of encrypted communication evidence squarely into the SkyECC/EncroChat context in Norway.

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