McCanns appeal to the European Court of Human Rights

[Eleanor]

That would suggest that the application in some cases may be suspect, not the law itself.

This is why countries have a system of higher courts.

I shall have to have a think about that.  But at least it is a pertinent point.  Thank you for that.

[Mr Gray]

The case before the ECHR wil deal with very specific points of law...it wont bring everything back to the sceptic mantra of..."it was all the mccanns fault"...imo ......

[barrier]

I am becoming increasingly fed up with demands for the rights of Madeleine when so many believe her dead, without any proof at all.  This actually deprives her of the right to be alive.

We all know that Madeleine is innocent.

It maybe unpalatable to contemplate it,but SY and I dare say the PJ can't confirm either way,Rowley is pessimistic about it.

[barrier]

The case before the ECHR wil deal with very specific points of law...it wont bring everything back to the sceptic mantra of..."it was all the mccanns fault"...imo ......

Nor Amarals.imo

[Mr Gray]

Nor Amarals.imo

correct...it will deal with the reasoning of the SC in reaching its verdict..imo

[John]

this application is against portugal and the verdict given by the SC.......it will not consider maddies human rights...they are not relevant to this case...imo

I disagree davel because this entire case is about Madeleine and what happened to her.

[Eleanor]

Someone claimed earlier that the ECHR would not concern itself with Madeleine's rights, the following says differently.


Article 24 of the EU Charter of Fundamental Rights

The rights of the child

1. Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity.
2. In all actions relating to children, whether taken by public authorities or private institutions, the child''s best interests must be a primary consideration.
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests.

http://fra.europa.eu/en/charterpedia/article/24-rights-child

And these children have a right to be deemed alive when there is no evidence to the contrary.

There is no evidence for believing that Madeleine is dead.  And certainly no proof.

[John]

Madeleine was excluded from the original case so cannot be considered by the ECHR in this case. IMO

The only exclusion related to the names on the original writ.

[jassi]

The only exclusion related to the names on the original writ.

As she wasn't named on the writ, I don't see how she can considered  when examining points of law arising from the Supreme Courts findings.

[John]

And these children have a right to be deemed alive when there is no evidence to the contrary.

There is no evidence for believing that Madeleine is dead.  And certainly no proof.

The fact that she disappeared under mysterious circumstances and has not been seen for over ten years, the fact that her parents were both suspects in that disappearance would leave most people with a slight inkling that she is deceased.

[John]

As she wasn't named on the writ, I don't see how she can considered  when examining points of law arising from the Supreme Courts findings.

Without Madeleine there is no case.

[barrier]

As she wasn't named on the writ, I don't see how she can considered  when examining points of law arising from the Supreme Courts findings.

She was named on the SC judgement.

Kate, Gerald, Madeleine, Sean and Amelie McCann ― the last three minors represented by the first claimants, their parents ― filed, against Gonçalo Amaral, the publisher Guerra & Paz, Editores SA, the audiovisual production company Valentim de Carvalho-Filmes e Audiovisuais SA and the TV Channel TVI-Televisão Independente, legal actions in the ordinary form, subsequently attached to Lisbon 1st Civil Chamber, demanding the condemnation of the first defendant to pay the claimants the total amount of €1.200.000, plus interest at the legal rate since the summons, as compensation for moral damages arising from the publication by the first defendant, in book and DVD, of his version of the facts related to the disappearance of the minor MMC, third claimant, and the prohibition for sale, publication or disclosure by all defendants, book and DVD in question.

[John]

The case before the ECHR wil deal with very specific points of law...it wont bring everything back to the sceptic mantra of..."it was all the mccanns fault"...imo ......

Why, because that wouldn't be convenient?

[jassi]

Without Madeleine there is no case.

True.
Perhaps we need to see the exact details of the application before the court.

[Mr Gray]

Why, because that wouldn't be convenient?

because it would not be relevant  to this particular issue