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Praised as a coup against drug crime: Will the EncroChat trials turn into a judicial disaster?
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From Steffi Suhr
Dresden – The first so-called EncroChat procedures have started in Saxony. In Leipzig and Dresden the regional courts negotiate against suspected drug traffickers.
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Mustafa K. (22), here with his defense attorney Carsten Brunzel, currently has to answer at the Dresden Regional Court. © Steffen Füssel
They were all exposed when investigators cracked the encrypted chat. But it is still unclear whether the Saxon authorities were allowed to use the data of the French investigators. On top of that, statements by LKA employees in court create confusion instead of clarity.
So it is difficult for the responsible judge to question the right investigator. Many “main clerks” from the minutes turn out to be simple clerks on the witness stand. None of the judges currently has a general overview of the specific investigations in the LKA.
But an investigator suddenly spoke of the investigation group “Thor Saxony” in the LKA. This was only entrusted with the EncroChats.
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Apparently, investigators previously belonged to this group. Only this troop is not mentioned in any of the files.
And when asked by the judges, no LKA employee can remember the names of employees in the special unit.
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Trial of Mustafa “Musti” K. from the KMN gang
Investigators also moved to Mügelner Strasse in January 2021. A total of 1,300 officials were involved in the nationwide raid. © xcitepress
Speaking of files: In the trial against Mustafa “Musti” K. (22) from the KMN gang alone, the original version of his allegedly written chat data is still missing.
The prosecutors “sorted” things that were relevant for the court. A procedure that has been causing trouble between the LKA and the judiciary for years with comparably “simple” telephone monitoring tables. How does the LKA want to decide what is relevant for judges?
This is especially true for the intercepted EncroChats. “Legal” spirits are currently diverging across the board on the lists. The questions under what circumstances they came to Germany and whether they were even allowed to be recycled here remain open.
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So far it has been officially said that France will intercept the chats from June 2020. The “bycatch” was delivered to Germany and other countries. Only then did Germany start the investigation.
However, an IT forensic scientist testified in Dresden that a department for the evaluation of expected large amounts of data was set up in the BKA as early as March 2020. So three months before the public prosecutor in France even – and initially only for France – approved the interception.
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“Investigation against X”
The BMW, which allegedly belonged to Mustafa K., was also confiscated at the time. © xcitepress
At dawn, the police blocked streets in Leipzig when the raids began. © DPA
On top of that, special investigations are only permitted in Germany against suspects who are known by name. In the present approvals from the public prosecutor from Lille, on which the BKA and LKA rely to this day, they speak in all seriousness of “investigations against X”!
In Berlin, a court suspended proceedings because of such ambiguities. In Sweden, according to TAG24 information, there were acquittals because the “obtaining of the data was incomprehensible”. Negotiations are taking place in Saxony. Yet.
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This is EncroChat
EncroChat was a service provider that offered specially encrypted chat traffic on specially sold cell phones (1,600 euros each). The passwords alone were 15 digits long. Europol launched an investigation in early 2020 when investigators found that the majority of cell phone users are doing criminal business.
The public prosecutor in Lille (France) approved the investigators there in June 2020 to “install an interception device” against EncroChat after drug dealers were repeatedly caught there with Enrco cell phones.
The chat was hacked, the investigators read from now on “live”. EncroChat even warned its customers to dispose of the technology – but too late. Thousands of data have been backed up.
Because these cell phones were in use across Europe, data from alleged perpetrators in Belgium, Germany or Sweden was of course also recorded – and passed on to these countries by the French. There were raids across Europe, including Saxony.
A massive legal dispute has now broken out over the exploitation of the intercepted data outside France.
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Title photo: Editing: xcitePress, Steffen Füssel
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Wow, there are so many false “facts” in this report. Please do a better research.