“Fundamental rights must be upheld for all people, but the secrecy surrounding the EncroChat hack seriously undermines these rights,” she said. “How can you prepare a defence if you cannot access the evidence against you?”
In the letter, the lawyers say there is an emerging picture of inconsistent and “even completely contradictory” information provided by law enforcement agencies across Europe concerning the details of the EncroChat hacking operation.
“This raises serious concerns about the integrity and reliability of the evidence on which prosecutions across Europe are based,” the letter adds.
The lawyers say the French authorities’ refusal to reveal how the hacking operation was carried out, when each country’s legal system “has specific, robust and world-leading procedures for dealing with sensitive information”, is unprecedented in their collective experience.
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