McCanns appeal to the European Court of Human Rights

[John]

If an application is successfully lodged, the country involve must be notified of this. Do they publish lists of outstanding cases ?

The State against which the case is taken is notified but I don't think they publish it.

[Sunny]

Davel. Your post regarding the SC ruling.


its legally binding up to the moment it was made but can be corrected by the ECHR....I believe two SC decisions have been corrected in the last few months
http://miscarriageofjustice.co/index.php?topic=9775.405

No I haven't been looking all afternoon.

[Mr Gray]

Davel. Your post regarding the SC ruling.


its legally binding up to the moment it was made but can be corrected by the ECHR....I believe two SC decisions have been corrected in the last few months
http://miscarriageofjustice.co/index.php?topic=9775.405

No I haven't been looking all afternoon.

so where does it say the decisions have been over ruled...the decisions have been corrected...but not changed..

the correction does not affect the original decision...but would affect any future decisions

[slartibartfast]

It’s not for the ECHR to determine that tho?
Isn’t it that the complaint is against the SC of Portugal  for not understanding where they went wrong ?

We would assume they don’t think the SC got the balance right. Though most cases are about not considering rights.

[Sunny]

so where does it say the decisions have been over ruled...the decisions have been corrected...but not changed..

the correction does not affect the original decision...but would affect any future decisions

Do you not imply that these decisions are no long legally binding following the ECHR making a "correction" to them.

[slartibartfast]

you can serach by name...just a google search

Only for completed cases.

[Mr Gray]

Do you not imply that these decisions are no long legally binding following the ECHR making a "correction" to them.

so now you have changed from me stating something...to me implying something.....my post is clear.....the ECHR cannot overr rule any domestic court decision....and I have never said or implied it can...it can rule that the decision was incorrect and not in line with ECHR law...that could then affect any future rulings

[Mr Gray]

Only for completed cases.

if its declared inadmissable its complete

[Robittybob1]

But of course that isn’t what the book did.

You have to ask yourself a question.

Did the police at a certain point in the investigation believe that Madeleine had accidentally died and K&G has hidden her body?
If you believe that then a book stating that is factual and not libellous.

The book and video combined did though.  The total package was the problem.

[John]

The book and video combined did though.  The total package was the problem.

The problem difficulty as I see it is that the evidence pointed to it.

[Mr Gray]

The problem difficulty as I see it is that the evidence pointed to it.

but it didnt

[Sunny]

so now you have changed from me stating something...to me implying something.....my post is clear.....the ECHR cannot overr rule any domestic court decision....and I have never said or implied it can...it can rule that the decision was incorrect and not in line with ECHR law...that could then affect any future rulings

Can you show me where your above claim that the ECHR cannot overrule any domestic decision is written below as I can't find this.  You however have mentioned that the country's courts judgement was legally binding up to the moment it was made.  That doesn't make much sense unless you are claiming that "it" is the ECHR decision, making the SC decisions invalid.  No mention of future rulings only an end point to the existing SC decisions IMO

its legally binding up to the moment it was made but can be corrected by the ECHR....I believe two SC decisions have been corrected in the last few months

[Alice Purjorick]

so now you have changed from me stating something...to me implying something.....my post is clear.....the ECHR cannot overr rule any domestic court decision....and I have never said or implied it can...it can rule that the decision was incorrect and not in line with ECHR law...that could then affect any future rulings

Only if the state in question changes its laws.

[Robittybob1]

The problem difficulty as I see it is that the evidence pointed to it.

Not the evidence as I see it. 

[Mr Gray]

Can you show me where your above claim that the ECHR cannot overrule any domestic decision is written below as I can't find this.  You however have mentioned that the country's courts judgement was legally binding up to the moment it was made.  That doesn't make much sense unless you are claiming that "it" is the ECHR decision, making the SC decisions invalid.  No mention of future rulings only an end point to the existing SC decisions IMO

its legally binding up to the moment it was made but can be corrected by the ECHR....I believe two SC decisions have been corrected in the last few months

i havent used the words overruled or invalid......but they can correct it.....