McCanns appeal to the European Court of Human Rights

[Mr Gray]

Also be miserable and feel fear, the mccanns are good at that imo.

Not relevant imo
Read the quote I've given from the SC
That is what the ECHR case is about...nothing more..imo

[Mr Gray]

Indeed Kizzy, I remember exactly what Kate McCann wanted Amaral to feel.

not relevant imo...see post above

[slartibartfast]

At the centre of this trial, there is a conflict between two existing rights, the right to good name and reputation of the claimants (through the presumption of innocence that they always were entitled to) and the right to freedom of expression of the defendant, in the concrete field of the right to opinion he is entitled to.


This is what teh ECHR will be concerned with and nothing else...imo

IMO if that is all they are looking at the McCanns will lose. To win they must have a point of law that Portugal got wrong. That is a judgement call taking two human rights into account. This isn’t an appeal of the verdict.

[Mr Gray]

IMO if that is all they are looking at the McCanns will lose. To win they must have a point of law that Portugal got wrong. That is a judgement call taking two human rights into account. This isn’t an appeal of the verdict.

Not imo
It's an appeal re their human rights and the fact that they feel SC made an incorrect application of European law...that their opinion re the balance of each individual's human rights was incorrect..all my opinion

[stephen25000]

Not imo
It's an appeal re their human rights and the fact that they feel SC made an incorrect application of European law...that their opinion re the balance of each individual's human rights was incorrect..all my opinion

What is your experience in law. European or otherwise.

Before you give the inevitable response, I don't proclaim to.

However, through my contacts, I know a Barrister who has knowledge of this field of law, and asked his opinion.

[G-Unit]

At the centre of this trial, there is a conflict between two existing rights, the right to good name and reputation of the claimants (through the presumption of innocence that they always were entitled to) and the right to freedom of expression of the defendant, in the concrete field of the right to opinion he is entitled to.


This is what teh ECHR will be concerned with and nothing else...imo

Could you provide the page number please? Ty.

[Mr Gray]

What is your experience in law. European or otherwise.

Before you give the inevitable response, I don't proclaim to.

However, through my contacts, I know a Barrister who has knowledge of this field of law, and asked his opinion.

As you might see from my posts I have discussed the case with friends in the legal profession.....one who has a  special interest in EU law..and they broadly agree with me

[Mr Gray]

Could you provide the page number please? Ty.

Are you not familiar with it....I thought you had an in depth knowledge of the judgement
Its a direct copy and paste...I will see if I can sort the page number

[slartibartfast]

Guys I think cites to previous is better than Appeal to authority.

[G-Unit]

Are you not familiar with it....I thought you had an in depth knowledge of the judgement
Its a direct copy and paste...I will see if I can sort the page number

I  think it's a good idea in future to provide the link and the page number so there's no misunderstanding. The statement (on page 5) is a quote from the first judgement, the findings of which had already been overturned by the Appeal Court judges. 

[Mr Gray]

I  think it's a good idea in future to provide the link and the page number so there's no misunderstanding. The statement (on page 5) is a quote from the first judgement, the findings of which had already been overturned by the Appeal Court judges.

I would say it is still highly relevant and will be what the ECHR will be considering..imo

[Alice Purjorick]

I would say it is still highly relevant and will be what the ECHR will be considering..imo

The ECtHR will consider only that which is written on the application.

The Court must  be  able  to  understand,  by  reading  just  the  application  form,  the  key  facts  of  the  case,  which  rights  have  been  infringed  and  how,  and  the  remedies  which  have  been  exhausted  and  on  which  dates.
An applicant must put down the gist of what he or she is complaining about. The Court cannot infer
from  the  facts  or  domestic  court  documents  what  the  applicant  considers  to  be  in  breach  of  his  or 
her rights. An applicant should try and identify those Articles of the Convention which cover what he
or  she  complains  about  – the  Articles  are  framed  in  very  plain  and  general  terms  that  are  easily 
understandable,  such  as  ill-treatment,  right  to  liberty,  fair  trial  rights,  family  life  rights,  freedom  of 
expression,  etc.  It  is  crucial  to  write  down  both  the  Article  of  the  Convention  and  in  a  few  brief 
sentences how it has been infringed –the Court cannot guess what an applicant objects to or make up the complaints for him or her. [/b]

[G-Unit]

I would say it is still highly relevant and will be what the ECHR will be considering..imo

It was alleged in the first ruling that one person; Amaral breached the McCanns right to the presumption of innocence. There were two reasons why that argument was rejected.

One was that the presumption of innocence applies only to the treatment of people charged with a criminal offence. The other was that there was no obligation for Amaral to abide by it anyway as it wasn't applicable to a retired officer of the PJ.

[Mr Gray]

The ECtHR will consider only that which is written on the application.

The Court must  be  able  to  understand,  by  reading  just  the  application  form,  the  key  facts  of  the  case,  which  rights  have  been  infringed  and  how,  and  the  remedies  which  have  been  exhausted  and  on  which  dates.
An applicant must put down the gist of what he or she is complaining about. The Court cannot infer
from  the  facts  or  domestic  court  documents  what  the  applicant  considers  to  be  in  breach  of  his  or 
her rights. An applicant should try and identify those Articles of the Convention which cover what he
or  she  complains  about  – the  Articles  are  framed  in  very  plain  and  general  terms  that  are  easily 
understandable,  such  as  ill-treatment,  right  to  liberty,  fair  trial  rights,  family  life  rights,  freedom  of 
expression,  etc.  It  is  crucial  to  write  down  both  the  Article  of  the  Convention  and  in  a  few  brief 
sentences how it has been infringed –the Court cannot guess what an applicant objects to or make up the complaints for him or her. [/b]

I'm sure the McCanns will be aware of this ....I've given my opinion on what the McCann's will be objecting to....
And what they will ask the court to consider....the quote I supplied sums it up imo

[Alice Purjorick]

Just to round it off:

The European Court of Justice rules on European Union law, the EU having 27 member states.
The European Court of Human Rights rules on human rights within the states belonging to The Council of Europe. The Council of Europe has 47 member states.
The European Union and ipso fatso the ECJ has decided not to be bound by the rulings of the ECtHR.
Beyond that it becomes complex but if you are really interested read The Treaties of Rome(1950), Maastricht (1992) and Lisbon (2009).
In 2014 the European Court of Justice blew out the idea of the European Union's accession to the ECHR as it would give "Johnny Outsider" the power to review the application of EU law. To the best of my knowledge that is the curent status.