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Author Topic: McCanns appeal to the European Court of Human Rights  (Read 530344 times)

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Offline Venturi Swirl

Re: McCanns appeal to the European Court of Human Rights
« Reply #1995 on: July 02, 2018, 04:12:26 PM »
Quote from: slartibartfast on July 02, 2018, 04:07:04 PM
You wonder how that squares with the bit in the original article which says...
The two statements are not contradictory IMO.
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"Surely the fact that their accounts were different reinforces their veracity rather than diminishes it? If they had colluded in protecting ........ surely all of their accounts would be the same?" - Faithlilly

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #1996 on: July 02, 2018, 04:13:38 PM »
If you Google... Alfie Evans... ECHR... you will find a notice of rejection.... But nothing for McCann ECHR...


So no rejection imo
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Offline Brietta

Re: McCanns appeal to the European Court of Human Rights
« Reply #1997 on: July 02, 2018, 04:32:49 PM »
Quote from: Davel on July 02, 2018, 01:54:07 PM
You need to provide a cite for brush given to krugel.... Quite possibly he was given the brush then returned it

No brush was given to Krugel.  The hair was taken from the hood of Madeleine's coat.
Looking For Madeleine
By Anthony Summers, Robbyn Swan

Back on topic please, everyone: McCanns  appeal to the European Court of Human Rights
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"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline John

Re: McCanns appeal to the European Court of Human Rights
« Reply #1998 on: July 02, 2018, 04:35:45 PM »
Posters are reminded to stay within the confines of the header and opening post. TY
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A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline slartibartfast

Re: McCanns appeal to the European Court of Human Rights
« Reply #1999 on: July 02, 2018, 04:41:23 PM »
Quote from: Davel on July 02, 2018, 04:13:38 PM
If you Google... Alfie Evans... ECHR... you will find a notice of rejection.... But nothing for McCann ECHR...


So no rejection imo

It could have been rejected as being Manifestly Ill-founded under “fourth Instance”, namely...

Quote
One particular category of complaints submitted to the Court comprises what are commonly referred to as “fourth instance” complaints. This term – which does not feature in the text of the Convention and has become established through the case-law of the Convention institutions (Kemmache v. France (no. 3), § 44) – is somewhat paradoxical, as it places the emphasis on what the Court is not: it is not a court of appeal or a court which can quash rulings given by the courts in the States Parties to the Convention or retry cases heard by them, nor can it re-examine cases in the same way as a Supreme Court. Fourth-instance applications therefore stem from a misapprehension on the part of the applicants as to the Court’s role and the nature of the judicial machinery established by the Convention.
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“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Offline Venturi Swirl

Re: McCanns appeal to the European Court of Human Rights
« Reply #2000 on: July 02, 2018, 04:46:42 PM »
Quote from: slartibartfast on July 02, 2018, 04:41:23 PM
It could have been rejected as being Manifestly Ill-founded under “fourth Instance”, namely...
Why would the application not have been given a number in such an instance?
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"Surely the fact that their accounts were different reinforces their veracity rather than diminishes it? If they had colluded in protecting ........ surely all of their accounts would be the same?" - Faithlilly

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2001 on: July 02, 2018, 04:47:52 PM »
Quote from: slartibartfast on July 02, 2018, 04:41:23 PM
It could have been rejected as being Manifestly Ill-founded under “fourth Instance”, namely...

have you read the cite you have posted...Im sure the mccanns realise the ECHR is not a court of appeal in general terms......but it is acourt of appeal when the judement concerns human rights
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Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2002 on: July 02, 2018, 04:49:03 PM »
Quote from: slartibartfast on July 02, 2018, 04:41:23 PM
It could have been rejected as being Manifestly Ill-founded under “fourth Instance”, namely...

could you explain precisely your claim that it could be manifestly ill founded
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Offline slartibartfast

Re: McCanns appeal to the European Court of Human Rights
« Reply #2003 on: July 02, 2018, 04:49:09 PM »
Quote from: Davel on July 02, 2018, 04:47:52 PM
have you read the cite you have posted...Im sure the mccanns realise the ECHR is not a court of appeal in general terms......but it is acourt of appeal when the judement concerns human rights

A little light reading...

https://www.justitsministeriet.dk/sites/default/files/media/Arbejdsomraader/International/Guide_pratique_ENG.pdf
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“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2004 on: July 02, 2018, 04:54:53 PM »
« Last Edit: July 02, 2018, 04:57:23 PM by Davel »
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Offline slartibartfast

Re: McCanns appeal to the European Court of Human Rights
« Reply #2005 on: July 02, 2018, 05:00:20 PM »
Quote from: Davel on July 02, 2018, 04:54:53 PM
have  a look at fourth instance pg69 and you will see why you were wrong to raise it

That’s where it comes from. It gives lots of clues as to why this application may have been rejected.
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“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2006 on: July 02, 2018, 05:02:23 PM »
Quote from: slartibartfast on July 02, 2018, 05:00:20 PM
That’s where it comes from. It gives lots of clues as to why this application may have been rejected.

really...cite some..........if its article 8...fourth instance does not even apply...
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Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2007 on: July 02, 2018, 05:05:00 PM »
fourth instance is invoked where the appellant has a complaint that falls outside of ...human rights.....but the apellant may try and claim an unfair trial related to an issue that has no relavence to human rights
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Offline slartibartfast

Re: McCanns appeal to the European Court of Human Rights
« Reply #2008 on: July 02, 2018, 05:27:30 PM »
Quote from: Davel on July 02, 2018, 05:02:23 PM
really...cite some..........if its article 8...fourth instance does not even apply...

Cite for that, should be easy.
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“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2009 on: July 02, 2018, 05:31:09 PM »
Quote from: slartibartfast on July 02, 2018, 05:27:30 PM
Cite for that, should be easy.

I asked you for a cite first which you have been unable to supply..

If you read the paper you quoted fourth instance applies when the appellants do not have a calim against any particular article but feel they have been teated badly by the initial court decision...it may be heard under the right to a fair trial
Not article 8
Have you, actually read it
« Last Edit: July 02, 2018, 05:36:33 PM by Davel »
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