Belgian Court Dismisses SkyECC Drug Case Over Undercover Tactics - A Precedent for the Netherlands?
- Justus Reisinger
- Feb 12
- 2 min read
Updated: Feb 12
In a groundbreaking decision, the Ghent Court of Appeal has declared the prosecution of five defendants inadmissible due to the use of an undercover operation that severely compromised their right to a fair trial. The court agreed with the defense’s argument that the primary suspect may have been an infiltrator for both the Belgian Federal Judicial Police (FGP) and the U.S. Drug Enforcement Administration (DEA). This ruling confirms what many defense lawyers have long argued: that such covert tactics fundamentally undermine the fairness of legal proceedings.
A Legal Turning Point in Belgium SkyECC case —With Direct Parallels to the Netherlands
What makes this case particularly significant is that the court’s reasoning directly echoes the arguments that have been raised in the Netherlands. Dutch defense attorneys have consistently challenged cases where law enforcement used infiltration tactics—especially in cases involving encrypted communication networks like SkyECC, EncroChat, and ANOM. This ruling reinforces the position that these operations can cross the line into entrapment and unlawful investigative methods.
In the Netherlands, similar concerns have been raised over reports that police may have deployed a civilian infiltrator to distribute Sky ECC-encrypted phones to criminal networks. The use of such informants and undercover operatives is a key issue in cases related to encrypted phone investigations. The Belgian ruling now adds weight to the argument that these methods can render entire prosecutions inadmissible.
SkyECC and the European Legal Battle Over Undercover Operations
The case in Belgium stems from an October 2020 drug bust in which 281.6 kg of cocaine was discovered hidden in containers shipped from Suriname to Antwerp. The prosecution relied heavily on SkyECC messages to establish connections between the accused and the drug importation network. However, the involvement of an informant, potentially acting under the direction of law enforcement, led the court to conclude that the trial could not be fair.
This mirrors ongoing legal battles in the Netherlands, where defense teams continue to demand full transparency about the methods used in SkyECC and EncroChat cases. The question remains: if Belgium has now recognized the fundamental unfairness of such infiltration tactics, will Dutch courts follow suit?
This decision is a major step in the broader legal debate over the limits of undercover operations in Europe. It demonstrates that courts are willing to push back against law enforcement tactics that cross the line, and it provides a strong precedent for similar challenges in the Netherlands and beyond.
You can find the decision here