EncroChat. Request for exclusion of evidence dismissed.
The Supreme Court's Appeals Selection Committee's order 4 November 2022, HR-2022-2125-U, (case no. 22-156788STR-HRET), criminal case, appeal against order.
A (Counsel Heidi Juritzen and Øystein Ola Storrvik), B (Counsel Live Sjuve Johansen and Ole Magnus Strømmen), C (Counsel Marius Oscar Dietrichson and Albulena Krasniqi) v. The Public Prosecution Authority (Counsel Richard Beck Pedersen and Frederik G. Ranke)
Justices: Webster, Arntzen, Østensen Berglund
In a large drug case, the Court of Appeal had dismissed the defendants' request that materials from the encrypted communication service EncroChat be excluded as evidence. The Court of Appeal found that the evidence had been legally acquired under French law. The Court mentioned among other things that the condition that the evidence had to have been acquired under applicable rules in the relevant country, was only aimed at the very acquisition of the materials. French rules regulating something other than the acquisition itself, such as requirements for issuance of authenticity certificates, were thus not relevant in this assessment. The Appeals Selection Committee considered this to be a correct interpretation of the law. The defendants' appeals against the Court of Appeal's order were dismissed.