The Hague admits Sky ECC evidence in 231-kilo cocaine conviction
On 25 June 2026, The Hague District Court imposed five years in prison for cocaine offences, preparing arms trafficking and money laundering. It rejected the request to exclude Sky ECC messages.
The court found that the man and others imported and exported a total of 231 kilos of cocaine in November 2020. Chats described deliveries, transport and routes without checks. It also convicted him of cocaine trafficking and preparations, preparing arms trafficking and laundering €29,320. The defence had sought acquittal.
The objections concerned French interception, privacy and a fair trial. The court held that interception took place under French responsibility, which Dutch technical assistance did not alter. Its task was therefore to examine use of the results in the Dutch trial rather than compliance with French law. It found that the defence had not substantiated any concrete disadvantage in challenging the messages’ content or reliability.
On Article 31 of the European Investigation Order Directive, the court discussed the Supreme Court’s adjustment of 14 April 2026: notification rules also protect users’ privacy and communications. It then held that this joint investigation team’s activities fell outside the directive and therefore required no notification to the Dutch investigating judge. The evidence-exclusion request was rejected.
Prosecutors had requested ten years and an €80,000 fine. Giving greater weight to the interconnected offences and their partly preparatory nature, the court imposed five years with credit for pre-trial detention. It declined a fine because the actual financial benefit could not sufficiently be established. Seized cash, a GPS tracker and a sealing machine were forfeited.
