12/03/2025
The Legal Validity of Encrochat and Sky-ECC Evidence: International Practices and the Legal Perspective in Turkey
Encrochat and Sky-ECC, encrypted messaging platforms, have been infiltrated by law enforcement, leading to their use as key evidence in criminal cases across Europe. France has ruled these communications as legally admissible, while Germany and the European Court of Justice (ECJ) emphasize the need for judicial review of evidence obtained from foreign sources. Italy has accepted Encrochat and Sky-ECC messages as evidence but continues to debate the necessity of judicial oversight.
From a Turkish legal perspective, such evidence violates the Criminal Procedure Code (CMK) and the Turkish Constitution. Articles 206 and 217 of the CMK explicitly prohibit the use of unlawfully obtained evidence in court. Furthermore, Articles 20 and 22 of the Constitution safeguard privacy and communication rights, making intercepting communications without judicial authorization illegal. The European Court of Human Rights (ECHR) and Turkish Court of Cassation (Yargıtay) also affirm that illegally obtained evidence cannot be used to convict defendants.
As a result, Encrochat and Sky-ECC messages cannot be considered legally valid evidence in Turkish courts.
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