McCanns appeal to the European Court of Human Rights

[misty]

If anyone feels inclined to dig out what these cases were about, it's a bit vague without further background.

Article 6 §2 applies to civil actions such as compensation claims by former criminal suspects or defendants as a result of discontinued  proceedings  (Lutz  v.  Germany, §§50-64),  acquittal (Sekanina v. Austria, §§20-31) or civil or disciplinary proceedings, provided that those civil actions are a consequence of or concomitant with the prior criminal proceedings (O. v. Norway, §§33-41; contrast with Agosi v. the United Kingdom, §§64-67).

Lutz v Germany appears to be a claim for compensation for expenses incurred during a criminal trial for a motoring offence committed in a RTA. (1985)

Sekanina v Austria was a claim for compensation following lengthy detention & trial for murder in which the accused was found not guilty but was still under suspicion by the authorities.

http://swarb.co.uk/sekanina-v-austria-echr-25-aug-1993/

Neither of these seem to be relevant to the McCanns' claim for compensation relating to defamation in a book rather than a criminal trial.

[G-Unit]

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?

Madeleine's claim was rejected in the first judgement because they were unable to prove that the book etc.harmed the search for her. In my opinion any court fees and other costs after that ceased to be payable by The Fund. The case was then only about the McCanns suing Amaral for defaming them. Difficult to justify spending Fund money on that.

[Robittybob1]

In my opinion he fits the bill as a  "former public official" / "person  of  recognised  public  standing, from having held a public position of importance in the past"

That seems one of the more obvious choices.

[G-Unit]

In my opinion he fits the bill as a  "former public official" / "person  of  recognised  public  standing, from having held a public position of importance in the past"

That's what the first judge used to find against him, but the Appeal Court dismissed it;

it is hardly understandable that an employee, even more a retired one, would have to keep said duties of secrecy and reserve, thus being limited in the exercise of his right to an opinion, concerning the interpretation of facts that were already made public by the judiciary authority, and widely debated
http://miscarriageofjustice.co/index.php?topic=7153.0

[Mr Gray]

That's what the first judge used to find against him, but the Appeal Court dismissed it;

it is hardly understandable that an employee, even more a retired one, would have to keep said duties of secrecy and reserve, thus being limited in the exercise of his right to an opinion, concerning the interpretation of facts that were already made public by the judiciary authority, and widely debated
http://miscarriageofjustice.co/index.php?topic=7153.0

It seems the ECHR dont agree with that

[Venturi Swirl]

Madeleine's claim was rejected in the first judgement because they were unable to prove that the book etc.harmed the search for her. In my opinion any court fees and other costs after that ceased to be payable by The Fund. The case was then only about the McCanns suing Amaral for defaming them. Difficult to justify spending Fund money on that.

Unless by doing so it resulted in a book that the McCanns viewed as harming the search for a their daughter being withdrawn and a large payment of compensation being made into the Fund set up to find her. 

[Mr Gray]

That's what the first judge used to find against him, but the Appeal Court dismissed it;

it is hardly understandable that an employee, even more a retired one, would have to keep said duties of secrecy and reserve, thus being limited in the exercise of his right to an opinion, concerning the interpretation of facts that were already made public by the judiciary authority, and widely debated
http://miscarriageofjustice.co/index.php?topic=7153.0

The ECHR do not seem to agree with that IMO....caranas post 1623 which I have already posted.

if I write seem...it is obvious it is not fact and is opinion

[Venturi Swirl]

The ECHR do not seem to agree with that...

It would appear so...

[G-Unit]

Unless by doing so it resulted in a book that the McCanns viewed as harming the search for a their daughter being withdrawn and a large payment of compensation being made into the Fund set up to find her.

Gambling in hope of a return you mean?

[Mr Gray]

Gambling in hope of a return you mean?

could you explain......

[Venturi Swirl]

Gambling in hope of a return you mean?

Any legal action of the his nature is a gamble if you want to put it that way.  Initially at least, it appeared to have paid off so clearly it wasn’t a completely absurd action to enter into. 

[kizzy]

Unless by doing so it resulted in a book that the McCanns viewed as harming the search for a their daughter being withdrawn and a large payment of compensation being made into the Fund set up to find her.

Why didn't they think this with other books that had been written.

Or could it be GA - was involved from day one.... in what they call the golden hours.

G A has always been there main target - because he was to near the truth imo

[Mr Gray]

Why didn't they think this with other books that had been written.

Or could it be GA - was involved from day one.... in what they call the golden hours.

G A has always been there main target - because he was to near the truth imo

what other books?

if amaral has evidence thta proves anything it should be presented in court....none of his so called evidence stands up to scrutiny IMO

[G-Unit]

An interesting point from the proven facts;

21. The criminal inquiry was reopened due to the appearance of new evidence?

        Not proved.
http://miscarriageofjustice.co/index.php?topic=5931.0

[Venturi Swirl]

Why didn't they think this with other books that had been written.

Or could it be GA - was involved from day one.... in what they call the golden hours.

G A has always been there main target - because he was to near the truth imo

What other books?  What truth?