The encrypted communication service Encrochat has been used by criminals all over Europe, including Sweden.
Since the French police managed to crack the service and take part in the communication, a number of major prosecutions in Sweden have been brought based on the material.
Several verdicts have also been announced.
In several of the Encro cases, however, defense lawyers have expressed criticism of the use of the material, as it is believed that it should not be allowed as evidence in court, partly due to ambiguities about how French police gained access to the chats.
The police in Sweden have not been allowed to take part in the chats in the way that has been done in France.
Unauthorized evidence
That the issue now reached HD is due to the fact that a man who was convicted in the Court of Appeal for, among other things, a serious drug crime, which was partly based on Encro evidence, had chosen to appeal.
The defense's argument was that the evidence from Encrochat was unauthorized as it had been obtained in a manner contrary to both national and international law.
But on Wednesday, the message came that HD does not raise the goal.
"The Supreme Court has reviewed the material.
There has been no reason to grant leave to appeal ", the decision states.
As the court does not grant leave to appeal, they also do not provide a deeper reasoning about how the court has reasoned.
- These are important issues that have been raised and I think it would have been desirable from the Supreme Court to clarify these issues and put its foot down, says lawyer Arash Raoufi.
He emphasizes that Encrochat is just the beginning.
Recently, European police cracked down on the encrypted chat service Sky, which is also described as twice as big as Encrochat.
Clear legal situation
Prosecutor Petra Lundh has previously stated in a letter to HD that it is not necessary for the Supreme Court to comment on the matter.
“There are a large number of decisions from Swedish courts where Encrochat evidence has been allowed, among these several decisions of the Court of Appeal.
In no case has the evidence been rejected.
The Court of Appeal has also in several cases used Encrochat evidence as a basis for convictions.
In my opinion, the legal situation is clear ", she said in a press release in connection with the letter to HD.
Others, however, believe that clarification would be welcome.
This was said, among others, by Thomas Kaevergaard, Councilor for the Court of Appeal in the Svea Court of Appeal, recently in an interview with TT.
- Absolutely, it should have a great value.
This has become a huge issue, said Kaevergaard.
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Lawyers believe that the evidence from the encrypted communication service Encrochat is contrary to Swedish law. Photo: SVT