Author Topic: McCanns appeal to the European Court of Human Rights  (Read 530314 times)

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Offline G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #4425 on: January 01, 2022, 02:55:23 PM »
The SC never said they had not been cleared. I think you will find the SC will be heavily criticised in my view.  It has a very poor recirdvat the ECHR.
It obviously won't affect thevcade which imo has been solved by the Germans
The mist interesting point is that it has been shown that a favourable verdict could lead to the libel case being reopened in Portugal

For clarity the SC in 2017 said the mccanns were not clesred by the archiving despatch in 2008. They didn't say they had not been cleared.  I think it's quite obvious the despatch was evidence if innocence which the SC refused to accept

The McCann's lawyer specifically claimed that they were cleared by the archiving dispatch. That's what the SC judges were addressing and replying to. The lawyer made her claim because she relied on the prosecutor's choice of  archiving the case under 277/1. According to the SC judges, the correct choice was 277/2. This disagreement is solely about Portuguese law, which the ECHR has no mandate to interfere in.
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Offline G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #4426 on: January 01, 2022, 03:21:04 PM »
The ECHR has already designated the case as level 3...covered by existing case law

Is that what you think level 3 means?
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Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #4427 on: January 01, 2022, 03:42:16 PM »
Is that what you think level 3 means?

It's not what I think it's one of the reasons for an application to be designated level3...fact

Not only that it's what I predicted.. The Case is covered by existing case law.. Quite a coincidence.
What we don't have is a precise decision of what.. Importance... Means in this context

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #4428 on: January 01, 2022, 03:44:56 PM »
The McCann's lawyer specifically claimed that they were cleared by the archiving dispatch. That's what the SC judges were addressing and replying to. The lawyer made her claim because she relied on the prosecutor's choice of  archiving the case under 277/1. According to the SC judges, the correct choice was 277/2. This disagreement is solely about Portuguese law, which the ECHR has no mandate to interfere in.

I'm not impressed or convinced by what the SC said... I think they may have believed that there was evidence against the McCanns when there was not
You should know thst the mandate to reopen the case comes from Portuguese law.. Not ECHR law

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #4429 on: January 01, 2022, 03:53:04 PM »
Is that what you think level 3 means?

Just had a look and as I  thought importance does not relate to what several posters here think.
It relates to how much an application  provides new case law
Leave three indicates a case that can be decided in existing case law

Offline barrier

Re: McCanns appeal to the European Court of Human Rights
« Reply #4430 on: January 01, 2022, 04:01:41 PM »
Level 3: 3 = Low importance: Judgments, decisions and advisory opinions of little legal interest,
namely judgments and decisions that simply apply existing case-law, friendly
settlements and strike outs (unless raising a particular point of interest).
This is my own private domicile and I shall not be harassed, biatch:Jesse Pinkman Character.

Offline jassi

Re: McCanns appeal to the European Court of Human Rights
« Reply #4431 on: January 01, 2022, 04:04:15 PM »
Level 3: 3 = Low importance: Judgments, decisions and advisory opinions of little legal interest,
namely judgments and decisions that simply apply existing case-law, friendly
settlements and strike outs (unless raising a particular point of interest).

What does that mean?
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 Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #4432 on: January 01, 2022, 04:12:22 PM »
Level 3: 3 = Low importance: Judgments, decisions and advisory opinions of little legal interest,
namely judgments and decisions that simply apply existing case-law, friendly
settlements and strike outs (unless raising a particular point of interest).

Precisely... The importance relates to the legal significance not to the importance if the case in question.. I'm right again

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #4433 on: January 01, 2022, 04:14:20 PM »
What does that mean?

I would explain but you dint value my opinion lol

Offline barrier

Re: McCanns appeal to the European Court of Human Rights
« Reply #4434 on: January 01, 2022, 04:15:40 PM »
What does that mean?

That is a good question.
This is my own private domicile and I shall not be harassed, biatch:Jesse Pinkman Character.

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #4435 on: January 01, 2022, 04:16:31 PM »
That is a good question.

Dont you have the answer.. I do . Perhaps guniit does too.  It supports what I have said

Offline barrier

Re: McCanns appeal to the European Court of Human Rights
« Reply #4436 on: January 01, 2022, 04:19:33 PM »
Precisely... The importance relates to the legal significance not to the importance if the case in question.. I'm right again

If its not legally important ergo its not important, only to you.
This is my own private domicile and I shall not be harassed, biatch:Jesse Pinkman Character.

Offline barrier

Re: McCanns appeal to the European Court of Human Rights
« Reply #4437 on: January 01, 2022, 04:20:32 PM »
Dont you have the answer.. I do . Perhaps guniit does too.  It supports what I have said

I do, I might have answered jassi by pm, don't assume we talk just in the open.
This is my own private domicile and I shall not be harassed, biatch:Jesse Pinkman Character.

Offline jassi

Re: McCanns appeal to the European Court of Human Rights
« Reply #4438 on: January 01, 2022, 04:21:01 PM »
I would explain but you dint value my opinion lol
I was looking for a meaning, not an opinion.
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 Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #4439 on: January 01, 2022, 04:40:37 PM »
I was looking for a meaning, not an opinion.

It's in English so you sould be able to understand  it. I have the meaning... It looks like you and others don't understand it enough to even give an opinion. Its self explanatory