Since 2017, the French Gendarmerie and Dutch law enforcement authorities discovered that suspects involved in organised crime regularly used EncroChat phones. Given the widespread use of the encrypted telephone solution by EncroChat in organised crime, the French authorities decided to open a case at Eurojust with the Netherlands in 2019. In 2020, France and the Netherlands decided to take action and started a jit.
According to Europol’s definition, ‘a joint investigation team is an international cooperation tool based on an agreement between competent authorities – both judicial (judges, prosecutors, investigative judges, et cetera) and law enforcement authorities – of two or more States, established for a limited duration and for a specific purpose, to carry out criminal investigations in one or more of the involved States.
In Phase 1 of the EncroChat operation, the data was collected by French law enforcement authorities. By accessing servers and hacking the EncroChat cryptophones, the contents of these phones and other data were collected by French law enforcement authorities and shared with Dutch law enforcement authorities.
We will presents the details of the French EncroChat operation in chronological order. We also make clear why the right to a fair trial ultimately provided more transparency about the operation in the Netherlands.
In the next blog we will continue to expand the discussion about the breaking of basic human rights by the European authorities!
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