Silgir v Germany: Strasbourg asks questions about EncroChat evidence
The European Court of Human Rights has communicated Askim Silgir’s complaint about EncroChat evidence to Germany and put questions to the parties. The document of 28 January 2026 records that procedural step and the issues to be examined, rather than a final judgment on his complaint or an order overturning his conviction.
Askim Silgir’s application, no. 46/26, was communicated to Germany on 28 January 2026. HUDOC published the questions on 16 February. On 11 July 2023, a Bremen court sentenced him to five years and six months for importing and trafficking drugs, relying mainly on EncroChat messages. The Federal Court of Justice rejected his appeal on points of law on 26 March 2024. On 8 September 2025, the Federal Constitutional Court declined to admit his constitutional complaint for adjudication (2 BvR 875/24).
French authorities collected the data in 2020 and transferred material relevant to Germany following a European Investigation Order. Silgir argues that his private communications were obtained unlawfully and that he lacked sufficient technical information to examine the evidence.
The Court asks whether using the data interfered with private life, whether any interference was lawful and necessary, and whether Silgir could effectively examine the authenticity and quality of the digital evidence. The questions concern Articles 6 and 8 of the Convention.
The Court also asks Silgir to supply the prosecution’s written response in his German appeal on points of law and the documents cited in it. The published document contains the questions to the parties and this request for documents; it does not contain their replies.
