McCanns appeal to the European Court of Human Rights

[barrier]

A further bit of reading brings this.

The Court does not act as a court of appeal in relation to national courts; it does not rehear cases, it cannot quash, vary or revise their decisions.

So the verdict of the supreme court stands and will remains as it is.

So the gist of it is any complaint is against the State of Portugal in allowing its courts to come to the decision and in doing so the McCann's feel that in some way it affects their human rights,what part is not known.imo to the last bit.

[stephen25000]

A further bit of reading brings this.

So the verdict of the supreme court stands and will remains as it is.

So the gist of it is any complaint is against the State of Portugal in allowing its courts to come to the decision and in doing so the McCann's feel that in some way it affects their human rights,what part is not known.imo to the last bit.

Thank you Barrier for that pertinent reminder.

[Brietta]

Just a reminder of whom can go to the ECHR and whom they can take on.
Note: a complaint cannot be made against an individual.
http://www.echr.coe.int/Documents/Questions_Answers_ENG.pdf

The appeal court judges representing the Portuguese State made the ruling against the McCanns.  It is that which the McCanns are taking to the ECHR.  The repercussions will arise from that court's ruling.

The fact that as yet no money has changed hands ... suggests to me that if the ruling of the ECHR finds for the McCanns, I suggest that would overturn the appeal court ruling against them.  Thus reinstating the status quo of the original Portuguese finding in their favour.

What a pity OxfordB no longer posts with us ... he would have been able to explain it all to us chapter and verse

[jassi]

A further bit of reading brings this.

So the verdict of the supreme court stands and will remains as it is.

So the gist of it is any complaint is against the State of Portugal in allowing its courts to come to the decision and in doing so the McCann's feel that in some way it affects their human rights,what part is not known.imo to the last bit.

Everybody knows that. Its just that some are more reluctant to accept it than others.

[barrier]

The appeal court judges representing the Portuguese State made the ruling against the McCanns.  It is that which the McCanns are taking to the ECHR.  The repercussions will arise from that court's ruling.

The fact that as yet no money has changed hands ... suggests to me that if the ruling of the ECHR finds for the McCanns, I suggest that would overturn the appeal court ruling against them.  Thus reinstating the status quo of the original Portuguese finding in their favour.

What a pity OxfordB no longer posts with us ... he would have been able to explain it all to us chapter and verse

See post 30,the judgement cannot be overturned.

[stephen25000]

The appeal court judges representing the Portuguese State made the ruling against the McCanns.  It is that which the McCanns are taking to the ECHR.  The repercussions will arise from that court's ruling.

The fact that as yet no money has changed hands ... suggests to me that if the ruling of the ECHR finds for the McCanns, I suggest that would overturn the appeal court ruling against them.  Thus reinstating the status quo of the original Portuguese finding in their favour.

What a pity OxfordB no longer posts with us ... he would have been able to explain it all to us chapter and verse

The action against Amaral is over.

The E.C.H.R. is nothing to do with what the McCann's owe and the Portuguese Supreme Court Judgement cannot be overruled.

[jassi]

The courts awarded costs against the McCanns. These were for legal services incurred by the case going to court.

Amaral has so far made no claim for damages.

[Brietta]

The courts awarded costs against the McCanns. These were for legal services incurred by the case going to court.

Amaral has so far made no claim for damages.

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?

[Robittybob1]

The courts awarded costs against the McCanns. These were for legal services incurred by the case going to court.

Amaral has so far made no claim for damages.

If he had a heart he wouldn't.

[barrier]

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

Possibly,but no doubt some one with nothing better to do will drag his name into the equation at some stage in the future.

[carlymichelle]

i  think the mcanns  are addicted to the attention  they   get everybody knows   this   wont happen and yet supporters  lap it up  all imo

[Alice Purjorick]

The appeal court judges representing the Portuguese State made the ruling against the McCanns.  It is that which the McCanns are taking to the ECHR.  The repercussions will arise from that court's ruling.

The fact that as yet no money has changed hands ... suggests to me that if the ruling of the ECHR finds for the McCanns, I suggest that would overturn the appeal court ruling against them.  Thus reinstating the status quo of the original Portuguese finding in their favour.

What a pity OxfordB no longer posts with us ... he would have been able to explain it all to us chapter and verse

You really ought to mug up on just what the ECHR can and cannot do.
I am not asking you to believe me I am asking you to believe what the ECHR say in all the guff available on the ECHR website and available in any decent reference library.
Your starter for 10.
http://www.echr.coe.int/Documents/Questions_Answers_ENG.pdf
What is the European Court of Human Rights not able to do for me?
The Court does not act as a court of appeal in relation to national
courts; it does not rehear cases, it cannot quash, vary or revise
their decisions.
The  Court  will  not  intercede  directly  on  your  behalf  with 
the  authority  you  are  complaining  about.  In  exceptional 
circumstances the Court may, however, grant interim measures.
As a matter of practice it only does so where there is a serious
risk of physical harm to the applicant.
The Court will not help you find or pay a lawyer to draw up your
application.
The Court cannot give you any information on legal provisions
in force in the State against which your complaints are directed.

[carlymichelle]

alice this is all spin imo dont you  think  anything to get themselves into newspapers etc

[Alice Purjorick]

alice this is all spin imo dont you  think  anything to get themselves into newspapers etc

I believe the good Drs McCann found themselves in a position where they could do little else regardless of its merit.
It has the potential for booting the can ten years down the track ....... but it has to clear the first hurdle yet with two more hurdles after that.
The case will be against The State of Portugal not Amaral which some seem to fail to grasp. In ten years time they may be awarded 70 grand compensation if they are lucky.
See Steel and Morris v UK.

[carlymichelle]

I believe the good Drs McCann found themselves in a position where they could do little else regardless of its merit.
It has the potential for booting the can ten years down the track ....... but it has to clear the first hurdle yet with two more hurdles after that.
The case will be against The State of Portugal not Amaral which some seem to fail to grasp. In ten years time they may be awarded 70 grand compensation if they are lucky.
See Steel and Morris v UK.

right so it doesnt affect amaral or his money at all does it?