Author Topic: McCanns appeal to the European Court of Human Rights  (Read 531823 times)

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Offline Benice

Re: McCanns appeal to the European Court of Human Rights
« Reply #855 on: December 13, 2017, 03:25:06 PM »
How did Amaral's claims damage the McCann's right to reputation? His book said nothing new. it had all been said before, as the first judge commented;

Now the thesis that the minor died accidentally in the apartment and that this fact was hidden by her parents, who spread and fed, in order to deceive, an hypothesis of abduction, is not new, there's nothing new neither in the book, in the interview or in the documentary.

One wonders then what is the difference between 1) asserting – as it was done at a certain step of the investigation or as many commentators do – that there are indices of accidental death, concealment of the corpse and simulation of crime and 2) supporting this view as did the defendant Goncalo Amaral in those three mediums.
Page 34 http://miscarriageofjustice.co/index.php?topic=6307.0

The only difference in my opinion is that the McCanns chose to sue him. What's the difference in your opinion?

Not true.   The book is littered with claims that have never been made before.

For instance.   Only Amaral claims that Madeleine questioned her parents on the morning of 2nd May and that she didn't mention Sean when she spoke to them.  IMO Both claims are untrue and gives the reader a completely false impression of what happened.

IMO Facts are distorted, vital facts are left out in order to change true meanings and the vindictive innuendo throughout is blatant.

If he'd read the files then the Judge must have had his tongue firmly in his cheek if he claimed that the book was based mainly on them. IMO The whole book was based on what Amaral WISHED was in the files. 

How anyone can read his book AND the files and then claim that the contents of the book... 'had all been said before' ...is beyond my comprehension.

AIMHO
« Last Edit: December 13, 2017, 04:44:41 PM by slartibartfast »
The notion that innocence prevails over guilt – when there is no evidence to the contrary – is what separates civilization from barbarism.    Unfortunately, there are remains of barbarism among us.    Until very recently, it headed the PJ in Portimão. I hope he was the last one.
                                               Henrique Monteiro, chief editor, Expresso, Portugal

stephen25000

  • Guest
Re: McCanns appeal to the European Court of Human Rights
« Reply #856 on: December 13, 2017, 03:28:55 PM »
It is to do with defamation by amaral.....

No it isn't.

That has been explained to you before as well.

Ask John.

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #857 on: December 13, 2017, 03:31:03 PM »
No it isn't.

That has been explained to you before as well.

Ask John.

The whole trial was about balancing the right to freedom of speech and the right to a good name....the SC judgement goes into detail about it...have you read the judgement

Offline Benice

Re: McCanns appeal to the European Court of Human Rights
« Reply #858 on: December 13, 2017, 03:33:29 PM »
The McCanns became much better known than other parents, largely due to their own willingness to inform and engage with the media.

The only times the McCanns engaged with the media was to keep Madeleine's profile as high in the public mind as possible, as advised by the 'experts'  - in order to give her the best chance of being found  - and/or for reasons connected to charities.   

IMO


The notion that innocence prevails over guilt – when there is no evidence to the contrary – is what separates civilization from barbarism.    Unfortunately, there are remains of barbarism among us.    Until very recently, it headed the PJ in Portimão. I hope he was the last one.
                                               Henrique Monteiro, chief editor, Expresso, Portugal

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #859 on: December 13, 2017, 03:34:20 PM »
No it isn't.

That has been explained to you before as well.

Ask John.

Explained by who...there are no experts on here only opinions..imo

stephen25000

  • Guest
Re: McCanns appeal to the European Court of Human Rights
« Reply #860 on: December 13, 2017, 03:34:37 PM »
The whole trial was about balancing the right to freedom of speech and the right to a good name....the SC judgement goes into detail about it...have you read the judgement

Yes.

The judgement will stand.

The attempt at the ECHR is against Portugal.

I find these attempts to continue to link to Amaral, risible.
« Last Edit: December 13, 2017, 03:50:35 PM by Eleanor »

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #861 on: December 13, 2017, 03:37:17 PM »
Yes.

The judgement will stand.

The attempt at the ECHR is against Portugal.

I find these attempts to continue to link to Amaral, risible.

The action in the ECHR will be for damage to reputation by amaral....that's my opinion....you can disagree but cannot state it is wrong....it is merely your opinion it is wrong

I don't see why you find it risible....IMO amaral is connected to the action and his name and book will feature in the action at the ECHR..... Portugal have allowed amaral to defame the McCann's..imo...it's a simple as that
« Last Edit: December 13, 2017, 04:46:28 PM by slartibartfast »

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #862 on: December 13, 2017, 03:47:15 PM »


I find it risible that posters cannot see the link....what others claim could there be than damage to reputation by amaral

The claim will be against Portugal for allowing damage to reputation by amaral..imo
« Last Edit: December 13, 2017, 03:54:23 PM by Eleanor »

stephen25000

  • Guest
Re: McCanns appeal to the European Court of Human Rights
« Reply #863 on: December 13, 2017, 03:53:45 PM »
Fascinating.

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #864 on: December 13, 2017, 03:57:29 PM »
Fascinating.
It's quite simple...just read the judgement and it is obvious

Offline Benice

Re: McCanns appeal to the European Court of Human Rights
« Reply #865 on: December 13, 2017, 04:08:10 PM »
I find it risible that posters cannot see the link....what others claim could there be than damage to reputation by amaral

The claim will be against Portugal for allowing damage to reputation by amaral..imo

I agree, and trying to close down any mention of Amaral is not valid in a thread which came about as a direct consequence of the contents of his book  IMO.

There doesn't appear to be any objection to the McCanns being mentioned - so why not Amaral? 
AIMHO
The notion that innocence prevails over guilt – when there is no evidence to the contrary – is what separates civilization from barbarism.    Unfortunately, there are remains of barbarism among us.    Until very recently, it headed the PJ in Portimão. I hope he was the last one.
                                               Henrique Monteiro, chief editor, Expresso, Portugal

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #866 on: December 13, 2017, 04:14:42 PM »
If you look at the final page of the judgement it talks of balancing the freedom of expression and honour.....and comes down on the side of freedom of expression. Why some want to deny this is the case is strange

Offline G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #867 on: December 13, 2017, 04:35:59 PM »
Not true.   The book is littered with claims that have never been made before.

For instance.   Only Amaral claims that Madeleine questioned her parents on the morning of 2nd May and that she didn't mention Sean when she spoke to them.  Both claims are untrue and gives the reader a completely false impression of what happened.

Facts are distorted, vital facts are left out in order to change true meanings and the vindictive innuendo throughout is blatant.

If he'd read the files then the Judge must have had his tongue firmly in his cheek if he claimed that the book was based mainly on them.      The whole book was based on what Amaral WISHED was in the files imo. 

How anyone can read his book AND the files and then claim that the contents of the book... 'had all been said before' ...is beyond my comprehension.

Have you read the book yet G?

AIMHO

If you read my post again you will see that I'm not giving my opinion nor that of a male judge, but that of the (female) judge of the first instance Maria Emília de Melo e Castro. Have you read her judgement yet Benice?

In the proven facts;

  (Items 27 & 28) It is proved that the facts in the book and in the documentary, concerning the investigation, are mostly facts that took place in the investigation and are documented as such.
http://miscarriageofjustice.co/index.php?topic=5931.0

Your opinion of the book is not, it seems, shared by any of the judges in the case.
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 John

Re: McCanns appeal to the European Court of Human Rights
« Reply #868 on: December 13, 2017, 04:40:12 PM »
The action in the ECHR will be for damage to reputation by amaral....that's my opinion....you can disagree but cannot state it is wrong....it is merely your opinion it is wrong

I don't see why you find it risible....amaral is connected to the action and his name and book will feature in the action at the ECHR..... Portugal have allowed amaral to defame the McCann's..imo...it's a simple as that

I can't see anything within the auspices of the ECHR that could apply to the McCann case. The very detailed decision by the Portuguese Appeal Court later upheld by the Portuguese Supreme Court left little leeway for any further appeal IMO.  The McCanns attitude towards the Portuguese police sealed that deal in my opinion.
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline slartibartfast

Re: McCanns appeal to the European Court of Human Rights
« Reply #869 on: December 13, 2017, 04:44:05 PM »
If you look at the final page of the judgement it talks of balancing the freedom of expression and honour.....and comes down on the side of freedom of expression. Why some want to deny this is the case is strange

Who is denying it (with cites)?
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.