Dutch Supreme Court 2023: framework for EncroChat and Sky ECC evidence
On 13 June 2023 the Dutch Supreme Court answered general questions about encrypted messages obtained abroad. Mutual trust generally applies even in joint investigation teams, while fair-trial rights and reliability remain relevant.
Decision ECLI:NL:HR:2023:913 followed eight preliminary questions from two Dutch courts. Defence lawyers challenged, among other things, the legality and ability to scrutinise messages intercepted in France. This was a procedure within criminal cases, not a separate damages claim against the government.
The Supreme Court held that Dutch judges respect the decisions underlying French investigations, including cooperation in a joint team. Use in a Dutch trial must remain compatible with a fair trial; concrete indications challenging reliability can require investigation.
The court also discussed safeguards for selecting data from large files and assembling case records. The referring courts had to continue their cases using these answers.









































