McCanns appeal to the European Court of Human Rights

[Alice Purjorick]

Was that the one they lost to the disgraced(according to some sources) Amaral.

I think you missed out the word bungling 

Considering he was a disgraced bungling copper with a spent conviction for perjury and the other side always said it was nothing to do with the money he sure had a result there.

[G-Unit]

As regards the libel trial I think it's the SC that will look very silly when the ECHR explains how, poorly they understood their obligations re the ECHR
[Edit:removed goading comment.]

I doubt if Portugal would look any sillier than the other European Countries who have been admonished by the ECHR. On the whole they just seem to ignore them;
https://www.theguardian.com/commentisfree/2012/nov/21/uk-rejection-echr-ruling-prisoner-votes-devastating

[Mr Gray]

I doubt if Portugal would look any sillier than the other European Countries who have been admonished by the ECHR. On the whole they just seem to ignore them;
https://www.theguardian.com/commentisfree/2012/nov/21/uk-rejection-echr-ruling-prisoner-votes-devastating

They do not just seem to ignore them on the whole... You have no proof of that... Sceptics always seem to quote this one same case

[misty]

A different type of complaint to the ECHR but a warning for the McCanns that even victory may be challenged by the State.

http://portugalresident.com/portuguese-state-takes-on-european-court-of-human-rights

Posted by PORTUGALPRESS on March 07, 2018

A battling mother’s titanic struggle to receive State compensation for what she believes was her son’s totally avoidable death is being debated today in the Grand Chamber of the European Court of Human Rights. At issue is an earlier ruling by the court that the State was indeed negligent in the death of António José Carvalho and should pay his mother Maria da Glória Oliveira €26,112.80 (click here).

The Portuguese State however does not agree.

This is a complaint that goes back to tragic events almost 18 years ago when 35-year-old António José Carvalho walked out of the Coimbra psychiatric hospital where he was interned and ended up committing suicide on railway tracks nearby.

He died hours before staff at the hospital noticed his absence, and this is what has haunted his mother.

Say reports, she believes the hospital failed in its duty of care for her son - and she used Article 2 in the European Convention of Human Rights to try and establish this after failing to get any favourable court rulings in Portugal.

Article 2 reads that “no-one can be intentionally deprived of life”, explains tabloid Correio da Manhã today.

Over the years, Maria da Glória’s case has also cited the terrible delays faced in trying to get justice.

The still-grieving woman (CM claims she has “never got over” her son’s death) is now in her 80s and lives “very fragilised” physically and psychologically.

It is very rare for her to go a day without visiting her son’s grave, says the paper - stressing that when the European Court of Human Rights found in her favour last year, she felt finally that she could have some peace.

Today could see that peace taken away.

Says CM, the Grand Chamber of the ECHR is made up of 17 judges. One of the judges considering this case today will be Portuguese.

natasha.donn@algarveresident.com

[jassi]

Died 18 years ago. I wonder how long it has been before the Court ?

[Miss Taken Identity]

Has anyone discovered any information about the McCanns vs Portugal in their  'fight against Amaral' at the ECHR?

I was just wondering if they managed to put a cohesive report together they have had enough time.

[Snowgirl]

The Supreme Court  is the highest in the land and   a decision  they make  cannot be  overturned by the ECHR.
McCanns  would have to  submit a complaint against Portugal imo.

[Robittybob1]

The Supreme Court  is the highest in the land and   a decision  they make  cannot be  overturned by the ECHR.
McCanns  would have to  submit a complaint against Portugal imo.

.  Makes you wonder what they will achieve.

[Brietta]

.  Makes you wonder what they will achieve.

A fair hearing?

A fair interpretation of the civil law without prejudice?

I could go on but those two will do for starters.

[Snowgirl]

A fair hearing?

A fair interpretation of the civil law without prejudice?

I could go on but those two will do for starters.

A fair hearing ?  To what does that apply ?  Doesn't it depend  anyway on how  the complaint  is worded and if it's accepted ?
Surely  a fair interpretation   of civil law would be available to the  McCanns without them approaching the ECHR
 As I said  and as I  understand it  the ECHR  cannot  change a Supreme Court decision.

[Brietta]

A fair hearing ?  To what does that apply ?  Doesn't it depend  anyway on how  the complaint  is worded and if it's accepted ?
Surely  a fair interpretation   of civil law would be available to the  McCanns without them approaching the ECHR
 As I said  and as I  understand it  the ECHR  cannot  change a Supreme Court decision.

As I understand it ~ it has been claimed by some that the McCann family would not be allowed to have their case presented to the ECHR.

Perhaps we should wait until the fat lady has finished singing before deciding what can and cannot be done.

[Snowgirl]

As I understand it ~ it has been claimed by some that the McCann family would not be allowed to have their case presented to the ECHR.

Perhaps we should wait until the fat lady has finished singing before deciding what can and cannot be done.

   Yes   I have heard  that claim too  that the McCanns would not be allowed  to have their case presented . It depends on the content as to whether it's  accepted   or thrown out .   
They most definitely cannot  apply to have the SC decision changed. It's not what the ECHR is for . 

[Alice Purjorick]

As I understand it ~ it has been claimed by some that the McCann family would not be allowed to have their case presented to the ECHR.

Perhaps we should wait until the fat lady has finished singing before deciding what can and cannot be done.

As there is no evidence being offered to support a contention that an application has been accepted by the ECtHR, it would be a little premature to presume the fat lady will even be allowed to sing in front of that court.

[Brietta]

   Yes   I have heard  that claim too  that the McCanns would not be allowed  to have their case presented . It depends on the content as to whether it's  accepted   or thrown out .   
They most definitely cannot  apply to have the SC decision changed. It's not what the ECHR is for .

I made no claims about the case the McCann legal team will make to the European Court of Human Rights.

The fact that they have taken their case to the ECHR having exhausted all legal remedies of the Portuguese judicial system ... in my opinion rather suggests that the final decision of the Portuguese court, representing the State of Portugal which has brought them to this stage of proceedings ... will feature somewhere in the legal argument.

The words which spring to my mind are ~ "Jointly and Severally".

[Brietta]

As there is no evidence being offered to support a contention that an application has been accepted by the ECtHR, it would be a little premature to presume the fat lady will even be allowed to sing in front of that court.

Then let us sit comfortably and await to see what presumption prevails. 
Worth remembering that your present argument resembles the one made by some that an application would even be submitted.