A Dutch Court of Appeal denied bail for Tornado Cash developer Alexey Pertsev, upholding his detention despite his lawyers’ arguments for access to a computer and the internet to prepare his defense.
Despite Pertsev’s assertion that he is not an escape risk, the Dutch Court of Appeal in’s-Hertogenbosch denied his bail request and maintained the decision to continue detaining him.
For the past two months, Pertsev has been in custody after being convicted of laundering $2.2 billion. While in custody, Pertsev was denied access to the internet and a computer.
Keith Cheng and Judith de Boer, his attorneys, contended that he required access to a computer and the internet to prepare his defense. Nevertheless, the court and prison authorities have declined to grant these requests, citing safety concerns.
The technical expertise of Pertsev is essential for managing the complex DeFi technical aspects of the case, which are focused on protocol governance, relayers, and smart contracts, as emphasized by his attorneys.
Pertsev’s attorneys contended that it was unjust to hold developers accountable for creating smart contract protocols accessible to all, a stance that crypto industry stakeholders also shared.
In August 2022, Pertsev was apprehended shortly after the US Treasury sanctioned Tornado Cash, an open-source protocol on the Ethereum network that was intended to improve privacy by obscuring transaction histories.
Critics contend that the case establishes a perilous precedent for open-source developers, who may now be concerned about legal repercussions associated with using their software.
The prosecutors in the case contended that Pertsev could have averted the use of the platform by criminal elements, including North Korea’s cybercriminal group Lazarus.
The prosecutors were vindicated by the Dutch panel of three justices, who affirmed that Tornado Cash was intentionally established for illegal activities. Additionally, a judge observed that individuals are not exempt from the law by adhering to a technological ideology.
Pertsev’s attorneys contend that his ongoing detention constitutes a violation of the European Convention on Human Rights, which guarantees the right to a fair trial.
Despite the arguments presented, the court insists on its decision, and Pertsev is compelled to prepare his appeal from behind cells. His situation is further complicated by the denial of the digital resources that his defense considers essential.