Author Topic: McCanns appeal to the European Court of Human Rights  (Read 530260 times)

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Offline Eleanor

Re: McCanns appeal to the European Court of Human Rights
« Reply #3645 on: February 08, 2021, 10:44:58 AM »
Article 8 Guide is 148 pages long!

Page 40, Rob.

Offline G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #3646 on: February 08, 2021, 10:46:14 AM »
But still an Appeal about a Case.  And as far as I can remember Court Costs are paid upfront.

An appeal has the power to reverse a previous decision by a lower court. The ECHR doesn't have the power to overturn the judgements of national courts, therefore an application to the ECHR is not an appeal.

Court costs were paid by all the defendants and following the Supreme Court judgement the McCanns were ordered to pay those people back. Those initially sued were;

GONCALO DE SOUSA AMARAL
GUERRA & PAZ, EDITORES, S.A.
V.C. – VALENTIM DE CARVALHO-FILMES, AUDIOVISUAIS, S.A.
TVI – TELEVISAO INDEPENDENTE, S.A.

The court of the first instance found against three of the defendants and acquited TVI, so they were not involved after that.
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Offline Eleanor

Re: McCanns appeal to the European Court of Human Rights
« Reply #3647 on: February 08, 2021, 10:46:26 AM »
Unwise to predict a legal outcome, but I shall be delighted if the McCanns fail this hurdle, mainly because it will  mean an end to this legal marathon.

Well, you would be, wouldn't you.

Offline Eleanor

Re: McCanns appeal to the European Court of Human Rights
« Reply #3648 on: February 08, 2021, 10:48:16 AM »
An appeal has the power to reverse a previous decision by a lower court. The ECHR doesn't have the power to overturn the judgements of national courts, therefore an application to the ECHR is not an appeal.

Court costs were paid by all the defendants and following the Supreme Court judgement the McCanns were ordered to pay those people back. Those initially sued were;

GONCALO DE SOUSA AMARAL
GUERRA & PAZ, EDITORES, S.A.
V.C. – VALENTIM DE CARVALHO-FILMES, AUDIOVISUAIS, S.A.
TVI – TELEVISAO INDEPENDENTE, S.A.

The court of the first instance found against three of the defendants and acquited TVI, so they were not involved after that.

If it isn't an Appeal, what is it then?

Offline jassi

Re: McCanns appeal to the European Court of Human Rights
« Reply #3649 on: February 08, 2021, 10:48:27 AM »
Well, you would be, wouldn't you.

What's not to like ?
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline Eleanor

Re: McCanns appeal to the European Court of Human Rights
« Reply #3650 on: February 08, 2021, 10:51:21 AM »
What's not to like ?

A totally screwed Justice System wherein Innocent People can be Libelled wholesale.

Offline jassi

Re: McCanns appeal to the European Court of Human Rights
« Reply #3651 on: February 08, 2021, 10:54:18 AM »
A totally screwed Justice System wherein Innocent People can be Libelled wholesale.

I suppose that's one way of looking at it.
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline Eleanor

Re: McCanns appeal to the European Court of Human Rights
« Reply #3652 on: February 08, 2021, 11:06:55 AM »
I suppose that's one way of looking at it.

I guess you have to believe in Innocent Until Proven Guilty to follow my line of reasoning.  Especially when some morally defunct individual is doing The Libelling.

Offline jassi

Re: McCanns appeal to the European Court of Human Rights
« Reply #3653 on: February 08, 2021, 11:13:57 AM »
I believe in the right of a sovereign country to apply judgement according to it's laws.

That you object to this is neither here nor there.

I suppose if the ECHR reject the McCann application, you will be whining about the injustice of that as well.
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline Venturi Swirl

Re: McCanns appeal to the European Court of Human Rights
« Reply #3654 on: February 08, 2021, 11:21:36 AM »
I believe in the right of a sovereign country to apply judgement according to it's laws.

That you object to this is neither here nor there.

I suppose if the ECHR reject the McCann application, you will be whining about the injustice of that as well.
And you will be quite content if the ECHR accept the McCanns application I suppose....
"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 #3655 on: February 08, 2021, 11:29:30 AM »
I believe in the right of a sovereign country to apply judgement according to it's laws.

That you object to this is neither here nor there.

I suppose if the ECHR reject the McCann application, you will be whining about the injustice of that as well.

If Portugal signed up to the ECHR then its only right they abide by it. No doubt sceptics will be whining if the McCanns are successful

Offline Eleanor

Re: McCanns appeal to the European Court of Human Rights
« Reply #3656 on: February 08, 2021, 11:38:46 AM »
I believe in the right of a sovereign country to apply judgement according to it's laws.

That you object to this is neither here nor there.

I suppose if the ECHR reject the McCann application, you will be whining about the injustice of that as well.

No, I won't be whining.  It is a Legal Process to me, whatever the outcome.

I am more concerned about the ordinary people of Portugal who are subjected to a bunch of bandit coppers who think that beating a confession out of peasants is the way to go.

Offline jassi

Re: McCanns appeal to the European Court of Human Rights
« Reply #3657 on: February 08, 2021, 11:43:18 AM »
No, I won't be whining.  It is a Legal Process to me, whatever the outcome.

I am more concerned about the ordinary people of Portugal who are subjected to a bunch of bandit coppers who think that beating a confession out of peasants is the way to go.

How every noble of you.
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline jassi

Re: McCanns appeal to the European Court of Human Rights
« Reply #3658 on: February 08, 2021, 11:44:51 AM »
If Portugal signed up to the ECHR then its only right they abide by it. No doubt sceptics will be whining if the McCanns are successful

Well not me, that's for sure.
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline Eleanor

Re: McCanns appeal to the European Court of Human Rights
« Reply #3659 on: February 08, 2021, 11:50:34 AM »
How every noble of you.

You should try it.  But I don't suppose that you are interested enough.  Bashing The McCanns is so much more fun.