Spain on Monday handed France a second accused of selling mobile phones with an encrypted system called ‘Encrochat’, which is being investigated around the world as a method used for drug dealing. According to sources in his defense, the accused (Mac) went to court yesterday with the Lille judge, who is investigating the offenses of criminal organization, drug trafficking, money laundering, illegal arms smuggling and cybercrime. His brother had already been deported to the Gallic country on 19 August.
The decision was agreed to by the Investigative Judge of the Santiago Pedraz National Court in July, as LA RAZN advanced within the framework of the Arrest and Delivery Order (OEDE), which indicated that these brothers had moved to Canada, the Dominican Republic. Terminals sold. Netherlands, United Kingdom, Germany, Hong Kong, Panama and Spain from 2017 to 2021.
The great operation to eliminate the Encrochat system happened in 2018 when the French gendarmerie discovered this high-security telephone system used mainly by criminal organizations. Copies of the servers hosting the data and which were in France allowed the administrators to be identified and a money laundering structure emerged. Since then and uninterruptedly, the neighboring country has been sending data to various EU states to help them uncover new cases or incorporate what might be useful. In the National High Court’s anti-drug prosecutor’s office, they confirm that cooperation in this case has been close and that they continue to receive useful information for the investigation here.
The person sent this week is accused of being a “co-director” of the Carambola investment company that was dedicated to the logistics of the Encrochat network. However, his defense argued that selling encrypted phones is not a crime in Spain and highlights the dangerous precedent that judges use to transport Spanish citizens to another country for this reason. The brothers, 47 and 48, were arrested by the Civil Guard’s Central Operational Unit (UCO) since last June at the Soto del Real prison in Madrid. Something that has been used perpetually by their lawyers who argue that both have family, work and roots in Spain so that there is no flight risk.
The atmosphere of the two extradited has tried to stop the journey at all costs. But not only the investigating judge, the criminal chamber magistrates also supported the delivery. A letter from the vacation room dated August 1 denies that the arrest warrant should be paralyzed. The judges explained that France wanted to proceed with the prosecution of the brothers, but that if a conviction was ultimately found, they would be returned to Madrid to serve their prison sentences, adding that since there was no case against the accused. That is, Spain must obey the neighboring country. “What works is that a criminal proceeding against a number of persons, of whom the defendant is, is followed especially in France, so without the existing consent of the courts, which hypothetically arises due to the fact that The alleged criminal development is terminated, among other countries, by Spain, with which there is no merit to decree the proposed annulment,” the order says.
Furthermore, sources defending one of the accused believe that the process has been flawed because some decisions – such as retaining the provisional prison – have been attended by the current magistrate and former Minister of Justice Juan Carlos Campo. as).. He believes that the former minister should have stayed on the sidelines because while he was in charge of the portfolio, his “important role in Spain’s relationship with Eurojust (European Union Agency for Criminal Judicial Cooperation)”. And therefore, knew about matters like Encrochat. For this reason, they prepare complaints before the General Council of Judicial Power (CGPJ).