Author Topic: McCanns appeal to the European Court of Human Rights  (Read 530287 times)

0 Members and 4 Guests are viewing this topic.

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #4440 on: January 01, 2022, 04:41:04 PM »
I do, I might have answered jassi by pm, don't assume we talk just in the open.

Lol.. Dint you have the confidence to post..

Offline Eleanor

Re: McCanns appeal to the European Court of Human Rights
« Reply #4441 on: January 01, 2022, 07:14:33 PM »
Nothing the ECHR can say will have any consequences on the Madeleine case in my view. The McCanns lost their case very publicly in Portugal and when they attempted to claim that they had been cleared, the Portuguese Supreme Court issued a swift rebuke by way of a clarification to state otherwise.

Meanwhile I have been ghosted.  Wha( a very sorry tale..

Offline G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #4442 on: January 01, 2022, 07:17:50 PM »
I was looking for a meaning, not an opinion.

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).

Level 3 cases come under the heading of nothing legally new or significant. They are dealt with EITHER by applying existing case law, by the parties agreeing to a friendly settlement or by being struck out.

So there are three possible outcomes, bolded.
Read and abide by the forum rules.
Result = happy posting.
Ignore and break the rules
Result = edits, deletions and unhappiness
http://miscarriageofjustice.co/index.php?board=2.0

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #4443 on: January 01, 2022, 07:37:42 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).

Level 3 cases come under the heading of nothing legally new or significant. They are dealt with EITHER by applying existing case law, by the parties agreeing to a friendly settlement or by being struck out.

So there are three possible outcomes, bolded.
the friendly settlement was offerred 12 months ago....I think its fair to say it didnt happen based  on the timeline. No evidence its been thrown out..which leaves...existing case law.

You can of course keep denying they inevitable. Interestingly its shown importance doea not relate to the importance of the case

Offline G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #4444 on: January 01, 2022, 08:44:10 PM »
the friendly settlement was offerred 12 months ago....I think its fair to say it didnt happen based  on the timeline. No evidence its been thrown out..which leaves...existing case law.

You can of course keep denying they inevitable. Interestingly its shown importance doea not relate to the importance of the case

We don't know what's going on; the various parties could still be offering arguments. All three possibilities are still on the table.
Read and abide by the forum rules.
Result = happy posting.
Ignore and break the rules
Result = edits, deletions and unhappiness
http://miscarriageofjustice.co/index.php?board=2.0

Offline Brietta

Re: McCanns appeal to the European Court of Human Rights
« Reply #4445 on: January 01, 2022, 09:02:53 PM »
We don't know what's going on; the various parties could still be offering arguments. All three possibilities are still on the table.

'Patience is a virtue' so we will just have to employ some as we wait to see.
"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 Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #4446 on: January 01, 2022, 09:05:53 PM »
We don't know what's going on; the various parties could still be offering arguments. All three possibilities are still on the table.

You don't know what's on the table. Portugal has never agreed to a friendly settlement... It is ss I understand financial.
The point is the importance is not Re the importance of this case but about the legal points in question... Existing case law

Offline G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #4447 on: January 01, 2022, 09:20:36 PM »
You don't know what's on the table. Portugal has never agreed to a friendly settlement... It is ss I understand financial.
The point is the importance is not Re the importance of this case but about the legal points in question... Existing case law

If the ECHR apply their existing case law to the McCann case they may well apply it quite differently to how you think it applies. I think Brietta's right; we can only wait to see what happens.
Read and abide by the forum rules.
Result = happy posting.
Ignore and break the rules
Result = edits, deletions and unhappiness
http://miscarriageofjustice.co/index.php?board=2.0

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #4448 on: January 01, 2022, 09:31:28 PM »
If the ECHR apply their existing case law to the McCann case they may well apply it quite differently to how you think it applies. I think Brietta's right; we can only wait to see what happens.
Why should they apply it differently.... Why do you suddenly have a problem with a poster offering an opinion based on facts.  The reasoning they apply is quite clear which I've posted several times

Offline G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #4449 on: January 01, 2022, 10:52:53 PM »
Why should they apply it differently.... Why do you suddenly have a problem with a poster offering an opinion based on facts.  The reasoning they apply is quite clear which I've posted several times

Your opinion of how the ECHR reason may be wrong.
Read and abide by the forum rules.
Result = happy posting.
Ignore and break the rules
Result = edits, deletions and unhappiness
http://miscarriageofjustice.co/index.php?board=2.0

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #4450 on: January 01, 2022, 11:03:32 PM »
Your opinion of how the ECHR reason may be wrong.

I'm quoting their guidelines... They cannot be wrong

Offline G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #4451 on: January 02, 2022, 12:08:35 AM »
I'm quoting their guidelines... They cannot be wrong

We shall see.
Read and abide by the forum rules.
Result = happy posting.
Ignore and break the rules
Result = edits, deletions and unhappiness
http://miscarriageofjustice.co/index.php?board=2.0

Offline jassi

Re: McCanns appeal to the European Court of Human Rights
« Reply #4452 on: January 02, 2022, 09:13:24 AM »
Guidelines are not  the same as rules, else cases could be decided by a computer program.

Judges  decide if a particular case  meets certain  guideline criteria
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 #4453 on: January 02, 2022, 01:27:03 PM »
Guidelines are not  the same as rules, else cases could be decided by a computer program.

Judges  decide if a particular case  meets certain  guideline criteria

Lol... The judges have to follow the guidelines... And if you knew anything about them.. Which you obviously don't... You might understand

Offline jassi

Re: McCanns appeal to the European Court of Human Rights
« Reply #4454 on: January 02, 2022, 03:37:07 PM »
Lol... The judges have to follow the guidelines... And if you knew anything about them.. Which you obviously don't... You might understand

I don't need to know details - it's not me that taking guidelines into consideration when determining a verdict.
Nor is it 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