McCanns appeal to the European Court of Human Rights

[Wonderfulspam]

Right, who's going to be the first to gloat?

[barrier]

Its on the ECHR in French , need translating.

[jassi]

It's in the Guardian

Thanks.
I see there is an appeal system. I didn't know that and thought the ECHR ruling was final.
Having been defeated yet again I wonder whether they'll bother.

[Wonderfulspam]

Thanks.
I see there is an appeal system. I didn't know that and thought the ECHR ruling was final.
Having been defeated yet again I wonder whether they'll bother.

Oh I'm sure they will. It won't cost them anything.

[Brietta]

The couple went to the European court of human rights (ECHR) to seek redress, relying on the European convention on human rights – including articles conferring the right to a fair hearing (article 6) and the right to respect for private and family life (article 8) – to argue that Amaral’s statements damaged their reputation, their good name and their right to be presumed innocent.

But a chamber of seven judges unanimously decided that there had been no violation of article 8.

A press release issued by the ECHR said: “Even assuming that the applicants’ reputation had been damaged, this was not on account of the argument put forward by the book’s author but rather as a result of the suspicions expressed against them, which had led to their being placed under investigation in the course of the criminal investigation (the prosecutor’s office decided to take no further action in July 2008) and had led to intense media attention and much controversy.

“The information had thus been brought to the public’s attention in some detail even before the investigation file was made available to the media and the book in question was published. It followed that the national authorities had not failed in their positive obligation to protect the applicants’ right to respect for their private life.”

The judges ruled the complaint under article 6 to be inadmissible because they said the Portuguese supreme court did not appear to have made comments implying guilt on the part of Madeleine’s parents or suspicion against them.

The McCanns now have three months to appeal against the decision.

https://www.msn.com/en-gb/news/uknews/madeleine-mccann-s-parents-lose-challenge-over-portuguese-libel-case/ar-AA121wmr?ocid=msedgntp&cvid=629f6fd9b71b4fba882cc6339145b77e

[John]

The couple went to the European court of human rights (ECHR) to seek redress, relying on the European convention on human rights – including articles conferring the right to a fair hearing (article 6) and the right to respect for private and family life (article 8) – to argue that Amaral’s statements damaged their reputation, their good name and their right to be presumed innocent.

But a chamber of seven judges unanimously decided that there had been no violation of article 8.

A press release issued by the ECHR said: “Even assuming that the applicants’ reputation had been damaged, this was not on account of the argument put forward by the book’s author but rather as a result of the suspicions expressed against them, which had led to their being placed under investigation in the course of the criminal investigation (the prosecutor’s office decided to take no further action in July 2008) and had led to intense media attention and much controversy.

“The information had thus been brought to the public’s attention in some detail even before the investigation file was made available to the media and the book in question was published. It followed that the national authorities had not failed in their positive obligation to protect the applicants’ right to respect for their private life.”

The judges ruled the complaint under article 6 to be inadmissible because they said the Portuguese supreme court did not appear to have made comments implying guilt on the part of Madeleine’s parents or suspicion against them.

The McCanns now have three months to appeal against the decision.

https://www.msn.com/en-gb/news/uknews/madeleine-mccann-s-parents-lose-challenge-over-portuguese-libel-case/ar-AA121wmr?ocid=msedgntp&cvid=629f6fd9b71b4fba882cc6339145b77e

The judgement by the ECHR is pretty comprehensive imo and leaves very little manoeuvring room for any appeal but it is their right should they choose to go down that road. Talking of roads, I still believe the Smith's sighting the night Madeleine disappeared will remain a crucial element of this case.

[Brietta]

The judgement by the ECHR is pretty comprehensive imo and leaves very little manoeuvring room for any appeal but it is their right should they choose to go down that road. Talking of roads, I still believe the Smith's sighting the night Madeleine disappeared will remain a crucial element of this case.

Going on what Kate and Gerry have said regarding this judgement, I doubt very much indeed if they will appeal the decision made against them.

I disagree with you that the alleged sighting by the Smith family has any relevance to Madeleine's case; perhaps if they had ever explained Peter's dream a fortnight after the event in question things might have been more concise.

For example at any stage in the inquiry the lead detective could have been free to make the observation which occurred to him at a later date.
One wonders why it did not occur to him to further check out local paedophiles at the time having been handed a working description which he filed away for future reference but did nothing with at the time.

Former Maddie case investigator Gonçalo Amaral said the suspect in the disappearance of the British child in 2007 is "almost the same" to Madeleine McCann's father, Gerry.

The inspector of the Judicial Police who initially conducted the investigation of the Maddie case, Gonçalo Amaral, says that the suspect in the disappearance of the child is very similar, "almost equal", to Maddie's father, Gerry McCann.

Amaral says the suspect is a German pedophile, but not what this year was pointed out by the press.
https://bomdia.eu/goncalo-amaral-suspeito-do-rapto-de-maddie-e-parecido-com-o-pai/#:~:text=O%20inspetor%20da%20Pol%C3%ADcia%20Judici%C3%A1ria%20que%20inicialmente%20conduziu,o%20que%20este%20ano%20foi%20apontado%20pela%20imprensa.

[The General]

Nor do I think he will ever be in the position to do so.  However, one hurdle at a time.  The McCann lawyers have applied to the ECHR ... it remains to be seen if that application is successful ... and if so most likely an even longer wait before judgement day.

Do I get the impression that Amaral is rapidly becoming a footnote in history?

Aged like milk. Oof.

[Mr Gray]

Echr website reports possible transfer to the Grand Chamber... Whats the betting its re my criticism of the proven facts

[Wonderfulspam]

Echr website reports possible transfer to the Grand Chamber... Whats the betting its re my criticism of the proven facts

Well, a source close to the family did say they were exploring their legal options, & the McCanns have said they head into the new year with continued determination and positivity.

I wouldn't expect any less from them really. Even though by their own admission they "took action for one and only one reason: Mr Amaral’s unfounded claims were having a detrimental impact on the search for Madeleine. If the public believed that we were involved in her disappearance, then people would not be alert for possible clues and may not report relevant information to the relevant law enforcement agencies." 

I guess they still haven't got the message from the three expert investigative forces, that Madeleine was, unquestionably, murdered by Christian Brueckner, & that Wolters will be proving this in a court of law, autumn 2023.

[barrier]

Echr website reports possible transfer to the Grand Chamber... Whats the betting its re my criticism of the proven facts

Past history suggests you're reading of the ECHR leaves a lot to be desired

43.1
As if thats exceptional.

1. Within a period of three months from the date of the judgment
of the Chamber, any party to the case may, in exceptional cases,
request that the case be referred to the Grand Chamber.

[Mr Gray]

Past history suggests you're reading of the ECHR leaves a lot to be desired

43.1
As if thats exceptional.

1. Within a period of three months from the date of the judgment
of the Chamber, any party to the case may, in exceptional cases,
request that the case be referred to the Grand Chamber.

It seems it was listed as an application pending today

[Wonderfulspam]

It seems it was listed as an application pending today

Anyway. I'm glad to see you are still around Mr Davel. Hadn't seen you here so long I was starting to wonder if you hadn't had personal issues.  Happy Ney Year.

[sadie]

Well, a source close to the family did say they were exploring their legal options, & the McCanns have said they head into the new year with continued determination and positivity.

I wouldn't expect any less from them really. Even though by their own admission they "took action for one and only one reason: Mr Amaral’s unfounded claims were having a detrimental impact on the search for Madeleine. If the public believed that we were involved in her disappearance, then people would not be alert for possible clues and may not report relevant information to the relevant law enforcement agencies." 

I guess they still haven't got the message from the three expert investigative forces, that Madeleine was, unquestionably, murdered by Christian Brueckner, & that Wolters will be proving this in a court of law, autumn 2023.

Which three?   Not SY, they are looking for a missing Madeleine.


Please curb yourself and start telling the truth.   We wouldn't like you to get a reputation like Gunit, would we?

[G-Unit]

Past history suggests you're reading of the ECHR leaves a lot to be desired

43.1
As if thats exceptional.

1. Within a period of three months from the date of the judgment
of the Chamber, any party to the case may, in exceptional cases,
request that the case be referred to the Grand Chamber.

As I recall the ECHR didn't see anything exceptional about this case.