Alexey Pertsev, one of the developers of Tornado Cash, will remain in jail for at least a year awaiting the appeal hearing: bail has been denied by the Dutch court.
According to DL News, a new ruling by the Court of Appeal of ‘s-Hertogenbosch has established that the Tornado Cash developer, Alexey Pertsev, will remain in jail awaiting the appeal hearing. The court has denied Pertsev’s bail request. For two months, Pertsev has been detained on charges of money laundering for $2.2 billion.
Defense arguments
According to defense attorneys Keith Cheng and Judith de Boer, Pertsev does not intend to leave the country and needs access to a computer and the internet to prepare his defense. The court believes that Pertsev’s detention does not hinder his ability to prepare the defense.
Regarding the refusal of bail, de Boer stated:
“In a case involving such fundamental legal questions, pre-trial detention is unacceptable […] this unprecedented case addresses when a software developer can be criminally liable for third-party misuse.”
Requests to the prison
In June, during a hearing, lawyer Cheng presented 18 preparation points for the appeal, including the need for Pertsev to have access to a computer. Cheng also made a request to the prison where Pertsev is detained to obtain necessary digital infrastructure, such as a good computer, unlimited internet connection, the use of specialized software, and external data support. This request was denied due to violating prison security policy. Following the refusal, Cheng added that Pertsev’s detention violates the European Convention on Human Rights, which guarantees the right to a fair trial.
Last May, a Dutch judge at the Court of Appeal in ‘s-Hertogenbosch found Pertsev guilty of his role in creating Tornado Cash and sentenced him to 64 months in prison.
