McCanns appeal to the European Court of Human Rights

[G-Unit]

The fact that her parents were made arguidos for spurious reasons which resulted in neither evidence supporting their involvement in Madeleine's disappearance nor the fact that there was any evidence to support Madeleine's demise; leaves me with the firm belief that her presumption of life just as her parents presumption of innocence have been ground into the dust.

Not really by the Portuguese system which allowed a mibbees aye mibbees no for Madeleine and the release of the arguidos from suspicion ... but when it boils down to it ... one man who wrote a book with no substance to it.

It will be interesting if nothing else to see what the ECHR makes of the points of law which have arisen as a result of an appeal court decision which some see as sacrosanct.
For me, I am just disappointed that Madeleine's parents have been left to seek justice in the European Court and I wish them every hope for success, but more than that, I wish them the success of finding out what happened to their daughter and perhaps even her return.

The Portuguese authorities followed Portuguese and Human Rights law to the letter. The McCann's right to the presumption of innocence was not breached.

[Alice Purjorick]

the sc have to strike a balance between freedom of expression and right to a good name...they explain this in the judgement if you read it....so their ruling is their opinion of where the balance lies....thats what i believe the mccanns can challenge

You have avoided the questions.

[Mr Gray]

You have avoided the questions.

Im fielding about 6 at a time at the moment...ask again

[stephen25000]

I don't see it as a delaying tactic, merely a manifestation of their inability to accept that they are wrong.

It could well be both Jassi.

[Alice Purjorick]

I dont think he is......why do you think he has gone so quiet

It's difficult to talk whilst wiping the smile off one's face?

[Mr Gray]

It's difficult to talk whilst wiping the smile off one's face?

dont worry...Ill book you in for tomorrow

[Alice Purjorick]

read this
https://www.lawteacher.net/free-law-essays/constitutional-law/law-of-defamation-and-human-rights-constitutional-law-essay.php

It refers to English Law.

[Mr Gray]

It refers to English Law.

It expalins a lot about EU law re defamation

[Alice Purjorick]

The relevant part in this case is "... except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime..."

In my view the McCanns haven't a leg to stand on.

We don't even know the grounds of their application to the ECtHR nor whether the application was within the time limit*.
* see the ECtHR definition of "within the time limit" not the definition of it by The Man On The Clapham Omnibus.

[Alice Purjorick]

Yes...the court claiming the mccanns hadnt proved their innocence....that could well be another point

Did the court make that claim in those words?

[Mr Gray]

Did the court make that claim in those words?

no it was in prtuguese

[Alice Purjorick]

correct...it will deal with the reasoning of the SC in reaching its verdict..imo

The ECtHR will look solely at whether there has been a violation of the McCanns rights by The State of Portugal

[Mr Gray]

We don't even know the grounds of their application to the ECtHR nor whether the application was within the time limit*.
* see the ECtHR definition of "within the time limit" not the definition of it by The Man On The Clapham Omnibus.

What do we know

[Mr Gray]

The ECtHR will look solely at whether there has been a violation of the McCanns rights by The State of Portugal

Absolutely ...nothing regarding the Human rights of maddie as some have claimed

[John]

For those who perhaps havent read the SC judgement .....nb.....

At the centre of this trial, there is a conflict between two existing rights, the right to good name and reputation of the claimants (through the presumption of innocence that they always were entitled to) and the right to freedom of expression of the defendant, in the concrete field of the right to opinion he is entitled to.

That sums up everything I have said...thats what the ECHR appeal will be concerned with...not that the mccanns were wrong to leave maddie..imo

Why do you keep harpimg back to the trial?  The ECHR isn't interested in a case between private individuals, they are concerned with human rights and only human rights.  As pointed out numerous times already, the case will be against Portugal and not Goncalo Amaral.  If the McCanns claim that their human rights have been violated then the human rights of their missing child will also come into the equation.