McCanns appeal to the European Court of Human Rights

[G-Unit]

Yet if Portugal had exercised their own laws, Amaral would have lost.

In your opinion, unless you can offer some solid evidence for that claim?

[misty]

In your opinion, unless you can offer some solid evidence for that claim?

https://ipi.media/portuguese-defamation-laws-still-reflect-authoritarian-concept-of-power-expert-says/


If it takes the ECHR to set precedent, existing law must have failed.

[Alice Purjorick]

https://ipi.media/portuguese-defamation-laws-still-reflect-authoritarian-concept-of-power-expert-says/


If it takes the ECHR to set precedent, existing law must have failed.

We are still waiting for a demonstration it has failed.

[G-Unit]

https://ipi.media/portuguese-defamation-laws-still-reflect-authoritarian-concept-of-power-expert-says/


If it takes the ECHR to set precedent, existing law must have failed.

An interesting article which points out that;

Portuguese courts traditionally placed a high value on the rights to honour and reputation and considered freedom of expression a second-class freedom compared to those rights.

In the McCann v Amaral case the Portuguese Courts didn't make that mistake, did they?

[misty]

An interesting article which points out that;

Portuguese courts traditionally placed a high value on the rights to honour and reputation and considered freedom of expression a second-class freedom compared to those rights.

In the McCann v Amaral case the Portuguese Courts didn't make that mistake, did they?

Who was the libeller & who were the libelled in the McCann v Amaral case?

[misty]

We are still waiting for a demonstration it has failed.

Indeed we are. Hopefully the ECHR will see that the McCanns are private citizens rather than practising public figures & their human rights were violated in more than one way.

[G-Unit]

Who was the libeller & who were the libelled in the McCann v Amaral case?

Is that a serious question?

[sadie]

Really.

Meanwhile.....

...just as a reminder.



'Former minister of internal affairs Rui Pereira slammed Portuguese cops for not making Kate, 48, and 47-year-old dad Gerry suspects for abandonment.'

'Moita Flores, a former police chief, backed his countryman, Pereira and told the show that if Kate and Gerry had been Portuguese, they would have been arrested for abandonment.'

When they were eating in what was effectively their own garden, within Tapas group sight of 5A at only 50 metres away?
And the area around the only entrance that they believed unlocked (but closed) was illuminated by a street lamp immediately iopposite

Oh and I nearly forgot, they were checking every half hour and better with Matts 9 pm window check.


Of course they couldn't have made a charge of abandonment stick.  No abandonment there, just a bad judgement ... and one that anyone might have made without proper understanding of the way those shutters worked, or knowledge of the previous burglaries in that very block in the preceding days..  PdL looks so quiet and peaceful, but there obviously is an undercurrent of criminality

[misty]

Is that a serious question?

Yes, but maybe we are at cross purposes. Had the case been done & dusted prior to 2014, traditional Portuguese law would have applied. Now they are relying more heavily on ECHR directives which are clearly at odds with their own laws.

[G-Unit]

Indeed we are. Hopefully the ECHR will see that the McCanns are private citizens rather than practising public figures & their human rights were violated in more than one way.

Public figures;

a public figure, either a public official or any other person pervasively involved in public affairs, or. a limited purpose public figure, meaning those who have "thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved."

I cannot identify any violation of the McCann's human rights by the State of Portugal. Can you?

[G-Unit]

Yes, but maybe we are at cross purposes. Had the case been done & dusted prior to 2014, traditional Portuguese law would have applied. Now they are relying more heavily on ECHR directives which are clearly at odds with their own laws.

In your opinion.

I think many countries (including the UK) have misunderstood or misapplied Human Rights laws. Portugal's weakness appeared to be placing too much value on 'honour'. Over the years they have had to learn the value of freedom of speech.

[misty]

Public figures;

a public figure, either a public official or any other person pervasively involved in public affairs, or. a limited purpose public figure, meaning those who have "thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved."

I cannot identify any violation of the McCann's human rights by the State of Portugal. Can you?

The referral to the question of innocence in a civil case springs to mind.

https://www.liberty-human-rights.org.uk/human-rights/what-are-human-rights/human-rights-act/article-6-right-fair-trial

*snipped*
Article 6 Right to a fair trial
The right to a fair trial is fundamental to the rule of law and to democracy itself.

The right applies to both criminal and civil cases, although certain specific minimum rights set out in Article 6 apply only in criminal cases.

[misty]

In your opinion.

I think many countries (including the UK) have misunderstood or misapplied Human Rights laws. Portugal's weakness appeared to be placing too much value on 'honour'. Over the years they have had to learn the value of freedom of speech.

In the case we are talking about, the freedom of speech judgement was given precedence despite a breach of Portugal's own law criminal law regarding duty of reserve. It's hardly a level playing field when the goalposts are constantly shifting.

[G-Unit]

The referral to the question of innocence in a civil case springs to mind.

https://www.liberty-human-rights.org.uk/human-rights/what-are-human-rights/human-rights-act/article-6-right-fair-trial

*snipped*
Article 6 Right to a fair trial
The right to a fair trial is fundamental to the rule of law and to democracy itself.

The right applies to both criminal and civil cases, although certain specific minimum rights set out in Article 6 apply only in criminal cases.

Are you saying they were treated unfairly during the libel trial? Could you be more specific?

[G-Unit]

In the case we are talking about, the freedom of speech judgement was given precedence despite a breach of Portugal's own law criminal law regarding duty of reserve. It's hardly a level playing field when the goalposts are constantly shifting.

The judges ruled that the duty of reserve was not breached. Their laws, their call.