The EncroChat Hack breaches EU standards on procedural safeguards, European Court of Human Rights
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.
They say the lack of disclosure breaches EU standards on procedural safeguards, European Court of Human Rights case law and international best practice guidance.
“It has generated a huge amount of otherwise avoidable litigation and driven a surge in prison populations through recourse to pre-trial detention,” the lawyers write.
“More troublingly, judges are forced to make decisions about complex technical matters based on inference as opposed to being provided with the complete, unadulterated evidence to which they are entitled.”
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