McCanns appeal to the European Court of Human Rights

[jassi]

Would potentially relevant information that had previously been inadequately examined and simply filed constitute "new" or not?

Were the assaults on children ever investigated? If so, I can find nothing to indicate any resolution of those cases. And if so, was any potential connection between those cases and Madeleine's disappearance investigated at the time?

Information on discrete crimes could be held (therefore not technically "new") in various files, possibly by different forces, but simply a lack of resources (in the broadest sense) might not have brought to light a potentially credible, but unexplored potential connection.

If that potential connection had then been spotted, would that be a "new" element warranting serious investigation, or would it not be new as the background information had already been received but was lying in a dusty file somewhere?

Would it not remain ' inadequately examined ' until it had been reviewed? Bit chicken and eggish

[Mr Gray]

The world is full of people who believe that they are right; I was raised by such a person. I never try to change the minds of such people because it's impossible. I just offer my alternative view with supporting evidence where I can and allow others to decide who is correct.

What you don't realise is this is exactly  the way supporters see sceptics such as yourself...

[G-Unit]

Would potentially relevant information that had previously been inadequately examined and simply filed constitute "new" or not?

Were the assaults on children ever investigated? If so, I can find nothing to indicate any resolution of those cases. And if so, was any potential connection between those cases and Madeleine's disappearance investigated at the time?

Information on discrete crimes could be held (therefore not technically "new") in various files, possibly by different forces, but simply a lack of resources (in the broadest sense) might not have brought to light a potentially credible, but unexplored potential connection.

If that potential connection had then been spotted, would that be a "new" element warranting serious investigation, or would it not be new as the background information had already been received but was lying in a dusty file somewhere?

Not according to Duarte;

the invalidation of the grounds invoked by the Public Ministry's office in the filing order, made under the provisions of article 277-1 of the CPP, can only be based on new facts or elements of evidence unknown by the Public Ministry at the investigation’s time
http://www.gerrymccannsblogs.co.uk/Annulment_request.htm

[carlymichelle]

 what i dont understand is   crime books  from police officers     are  written all the  time  theres  about 20 books written about jon benet  ramsey etc   and lots of other books  about  other  crimes about  children why   is   a  ex police officer  writing a  book about what he thinks about the mcann case   so  upsetting  to supporters ???  i have 100s of books on my kindle written about  crimes   from   all sorts of sources

as for the application to the echr were they not going  to the euro court   a  year ago or more? i havent seen anything about it in the media since then  it may have been rejected by  now

[Erngath]

I only suggest that critizing Amaral's book and theories which was the starter gun for all the subsequent legal action should be allowed.

[slartibartfast]

I only suggest that critizing Amaral's book and theories which was the starter gun for all the subsequent legal action should be allowed.

Threads and topics are created to keep discussion within bounds. If we were to allow a trace back of causes then all discussions will go back to a point on 3rd May 2007. This topic is about McCanns vs PT at the ECHR.

[John]

A point of note everyone. Every post has a unique identifier or URL which is revealed once you click on the post header.  For example, the URL for this post is  http://miscarriageofjustice.co/index.php?topic=8465.msg470054#msg470054

Members occasionally refer back to posts by the post number but the difficulty arises when a thread has been edited sometimes altering the post count. Best to refer back to a specific post by its URL.

[Mr Gray]

Threads and topics are created to keep discussion within bounds. If we were to allow a trace back of causes then all discussions will go back to a point on 3rd May 2007. This topic is about McCanns vs PT at the ECHR.

Who will decide whether the, SC made the right balance between the rights of the McCann's and the rights of amaral... In all the other cases quoted the ECHRwere concerned with the accuracy of the claims

[Carana]

Would it not remain ' inadequately examined ' until it had been reviewed? Bit chicken and eggish

Why? Undertaking a review doesn't equate to reopening a case.

If someone (police? PIs? Families of victims?) had presented a credible and reasoned case concerning a potentially viable lead, a letter or report may not have constituted new "evidence" as such, but quite possibly a serious indicator that hitherto evidence / intelligence / information hadn't been adequately examined at the time.

Is there any reason why PT shouldn't have decided to quiety start their own review? Would they have been unaware of the UK side's post-mortem? Would they have been unaware of the massive petition to at least get the UK to do a review?

[Carana]

Not according to Duarte;

the invalidation of the grounds invoked by the Public Ministry's office in the filing order, made under the provisions of article 277-1 of the CPP, can only be based on new facts or elements of evidence unknown by the Public Ministry at the investigation’s time
http://www.gerrymccannsblogs.co.uk/Annulment_request.htm

If facts or evidence had been lurking in a supposedly unrelated file, would the Public Ministry have known about it?

[G-Unit]

What you don't realise is this is exactly  the way supporters see sceptics such as yourself...

What have those labels got to do with anything? I respect a well presented, well supported argument regardless of the poster's stance on this case.

[slartibartfast]

What have those labels got to do with anything? I respect a well presented, well supported argument regardless of the poster's stance on this case.

As, I hope, would any poster on here looking for the truth.

[G-Unit]

If facts or evidence had been lurking in a supposedly unrelated file, would the Public Ministry have known about it?

I would say if it was in their possession it's not new.

[Mr Gray]

What have those labels got to do with anything? I respect a well presented, well supported argument regardless of the poster's stance on this case.

As I do... But I have seen precious little supported by evidence to suggest the parents are involved in any criminal activity

[Alice Purjorick]

Next bit from the SC rejection:

Nevertheless, the Court of Justice of the European Union (CJEU) has decided that the principle of presumption of innocence does not apply to  civil proceedings (mainly compensatory) subsequent to a criminal lawsuit, in order not to deprive the victim of their own right to accede to the court and be compensated (Cf. the rulings in Y vs Norvvay (56568/00) of 11/ 05/2003 and Diacendo vs Italy (124/04) of 05/07/2012).

Ok. I think I get the reasoning, but Madeleine was one of the plaintiffs, wasn't she?

Yes but her claim fell along with the claims of the other two children at The Court of First Instance.