Yes! Why didn't she just say that.
She did. Excerpt from the translation below.
Also the bit highlighted is key in demonstrating that police officers (among other officials) will be held to higher standards, for obvious reasons.
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"The protection of the rights of the claimants to their good name and reputation is, in this case, closely related to the presumption of innocence.
The claimants Gerald and Kate McCann were made arguidos (formal suspects) in the criminal investigation, a status that had the function to guarantee their rights (though not being interpreted this way by the general public) and ceased with the closure of the investigation having the dispatch (AG) report concluded :
it has not been possible to obtain any piece of evidence that would allow for a average man, under the light of the criteria of logics, of normality and of the general rules of experience, to formulate any lucid, sensate, serious and honest conclusion about the circumstances under which the child was removed from the apartment (whether dead or alive, whether killed in a neglectful homicide or an intended homicide, whether the victim of a targeted abduction or an opportunistic abduction), nor even to produce a consistent prognosis about her destiny and inclusively - the most dramatic - to establish whether she is still alive or if she is dead, as seems more likely.
(…) Therefore, after all seen, analysed and duly pondered, with all that is left exposed, it is determined: (…) The archiving of the process concerning arguidos Gerald Patrick McCann and Kate Marie Healy, because there are no indications of the practise of any crime under the dispositions of article 277 number 1 of the Penal Process Code.
(No. 15).
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In the European Court of Human Rights' jurisprudence, the principle of presumption of innocence imposes a standard of conduct for all agents, public servants and magistrates involved in the administration of criminal justice.
The presumption of innocence prohibits, according to these decisions, the premature expression of opinions or beliefs of guilt by the courts but also assumptions by public officers involved in procedures which might lead the public to suspect the responsibility of the suspects in the facts under investigation. Accordingly in the Karaman vs Germany case, the decision claims that
The Court has previously held in this context that Art 6-2 aims at preventing undermining of a fair criminal trial by prejudicial statements made in close connection with proceedings. It not only prohibits the premature expression by the tribunal itself of the opinion the person «charged with a criminal offence» is guilty before he has been so proved according to the law, but also covers statements made by other public officials about pending criminal investigations which encourage the public to believe the suspect guilty and prejudge an assessment of the facts by the competent judicial authority [HUDOC ( 26 )].
In the Allen vs UK case, the ECHR emphasized the importance of the presumption after the acquittal or dismissal of the criminal investigation, explaining that this principle prevents suspects or defendants in such cases are treated as if they were in fact responsible for the criminal offences of which they were accused and stressing that without this second level of protection – the level of full respect for acquittal or archiving – the presumption of innocence would remain illusory or merely ideal. ( 27 ) Likewise, the presumption of innocence requires that the absence of guilt that emanates from it is respected, after the acquittal or dismissal, in all legal proceedings of any kind and by any authority that comes into contact with these facts [idem Allen vs United Kingdom].
In this case, the claimants Kate and Gerald MacCann never ceased to benefit from this presumption of innocence and from the behaviour imperative that this presumption places on national judicial and justice authorities and on all the civil servants and agents.
The defendant Goncalo Amaral was the coordinator of criminal investigation from the date of the crime breaking news and October 2nd, 2007 (No. 12)
