Facts
The complainant [A.] was monitored in the context of a criminal proceeding due to suspicion of extortion, multiple coercion, qualified violation of the SpoPA, and violation of the Medicinal Products Act. The surveillance included real-time monitoring of mobile phone numbers, retrospective identification of participants, the use of an IMSI-Catcher, and location identification of a vehicle. The complainant contested the admissibility of these surveillance measures and requested their repeal.
The lower court dismissed the complaint. The complainant appealed this decision to the FSCA and requested a declaration that the authorization of the surveillance measures was unjustified, as well as the repeal of the lower court's decision and the destruction of the findings obtained in connection with the surveillance measures.
Considerations
The FSCA examined the admissibility of the surveillance measures and concluded that the requirements for ordering the surveillance pursuant to Art. 269 CrimPC were met. There was a strong suspicion of a violation of the SpoPA, and the severity of the offense justified the surveillance. The investigations without the surveillance measures would have been disproportionately impeded.
The FSCA found that the use of the IMSI-Catcher to determine the IMSI and IMEI of…