In February this year, the Svea Court of Appeal ruled against Yasin Mahamoud of ten months' imprisonment in preparation for kidnapping.

It all concerns events in April 2020, which ended with the now deceased rap artist Nils "Einár" Grönberg being kidnapped.

Some time before, a "failed" kidnapping attempt had been made, in which Mahamoud was convicted of involvement.

According to the verdict, he was commissioned by a man within the criminal Vårbynätverket to try to attract Einár under the pretense that they would have a musical collaboration.

Contact via Encro

The contact with Vårbymannen took place with the help of an encrypted Encrochat telephone and Yasin Mahamoud has admitted that he used one.

However, he has always denied any wrongdoing.

In the appeal that his lawyer Frida Wallin recently sent to the Supreme Court, she argues that the use of an Encro telephone can not meet the requirement that her client must have "taken office" with an object that "is particularly suitable for use as an aid in crime. "So that he can be convicted of a crime.

Therefore, he should be released, the defense claims.

Rejected the phone

She refers, among other things, to a previous HD ruling which says that there must be a clear connection between the aid and the implementation of the planned crime, as well as to an appeal court ruling from last autumn which rejects an Encro telephone as this type of aid.

"In the present case, the telephone itself cannot be used to carry out a kidnapping," Wallin writes.

In order for HD to address the case, a trial permit is required, which is generally only granted if guidance is needed in the current issue.

And it does, claims Frida Wallin.

Since judgments based on content in encrypted services such as Encrochat, Anom, Sky and Ghost are a fairly new phenomenon, according to the lawyer, one can expect many cases where this issue is addressed and scattered conclusions as long as HD does not put its foot down.

Erika Nekham / TTBeatrice Nordensson / TT http://tt.se/media/image/sdlTHaZvPaoobU Illustration from the hearing in Stockholm District Court.

Yasin Mahamoud next to his defense lawyer Frida Wallin.

Stock Photography.