McCanns appeal to the European Court of Human Rights

[Mr Gray]

Interesting little debate, so what do I think?

As soon as you say "I think I'm right" it seems like you are presenting your opinion as a fact.  But I must admit even I would fall into that trap, so I'm going to let it go.

If I say I think I'm right then I'm stating opinion. This, was, established some time ago as I remember

[Robittybob1]

So any Police Officer can say what he likes without proof?  There's interesting.

I don't know about just any police officer but a retired ex-police officer can it seems.

[Mr Gray]

G-unit was showing that the McCanns were aware of the "Duty of Reserve".

The ECHR only deal with human rights... I don't see that the duty of reserve will come into it.  The duty of reserve may have been relavent in the Portuguese court....but I dont think has, any relevance, at the, ECHR

[Mr Gray]

I don't know about just any police officer but a retired ex-police officer can it seems.

He has been allowed to by the Portuguese justice system... Whether the ECHR agree us, another matter

[Robittybob1]

If I say I think I'm right then I'm stating opinion. This, was, established some time ago as I remember

If you are right, your view can't be improved on so it becomes equivalent to a fact.

[Robittybob1]

Let's get back on topic please.

[Mr Gray]

If you are right, your view can't be improved on so it becomes equivalent to a fact.

If I'm right it is a fact. .but I haven't claimed to be right... Why the persistent argument

[G-Unit]

The ECHR only deal with human rights... I don't see that the duty of reserve will come into it.  The duty of reserve may have been relavent in the Portuguese court....but I dont think has, any relevance, at the, ECHR

You are forgetting that the applicants must give the national courts the opportunity to deal with any violations of the Articles. The McCanns gave the courts two examples of how, in their opinion, Article 6 had been violated. The courts disagreed.

In their application to the ECHR, the McCanns must use the same examples otherwise they won't have given the national courts the opportunity to redress the alleged violation. IMO.

[The General]

If I'm right it is a fact. .but I haven't claimed to be right... Why the persistent argument

But if you're not sure that you're right, how do you know the other person isn't either?

[Mr Gray]

You are forgetting that the applicants must give the national courts the opportunity to deal with any violations of the Articles. The McCanns gave the courts two examples of how, in their opinion, Article 6 had been violated. The courts disagreed.

In their application to the ECHR, the McCanns must use the same examples otherwise they won't have given the national courts the opportunity to redress the alleged violation. IMO.

I'm not forgetting anything.. Again you are, stating your opinion as fact.
Are you suggEsting the mccanns case is inadmissible because they failed to give the domestic court the chance to remedy their greivance?

[Mr Gray]

But if you're not sure that you're right, how do you know the other person isn't either?

They may be...the case may be thrown out... Who knows... I just happen to think it won't be based in reading past cases

[G-Unit]

I'm not forgetting anything.. Again you are, stating your opinion as fact.
Are you suggEsting the mccanns case is inadmissible because they failed to give the domestic court the chance to remedy their greivance?

That is a condition of applying to the ECHR;

 The principle of subsidiarity requires that national courts must have the opportunity to
prevent, detect and redress the alleged violation(s) themselves. If they fail to provide
redress, an application may be made to the Court.
https://www.echr.coe.int/Documents/Q_A_Lawyers_Guide_ECHR_ENG.pdf

In addition;

Violations of Articles of the Convention must be pleaded substantively at first instance, with specific
reference to the applicable Convention Articles. It is essential to plead the same Convention arguments on appeal, then to the highest national court, or any other constitutional court or court of cassation which acts as a court of last resort.
https://www.echr.coe.int/Documents/Q_A_Lawyers_Guide_ECHR_ENG.pdf

[Mr Gray]

That is a condition of applying to the ECHR;

 The principle of subsidiarity requires that national courts must have the opportunity to
prevent, detect and redress the alleged violation(s) themselves. If they fail to provide
redress, an application may be made to the Court.
https://www.echr.coe.int/Documents/Q_A_Lawyers_Guide_ECHR_ENG.pdf

In addition;

Violations of Articles of the Convention must be pleaded substantively at first instance, with specific
reference to the applicable Convention Articles. It is essential to plead the same Convention arguments on appeal, then to the highest national court, or any other constitutional court or court of cassation which acts as a court of last resort.
https://www.echr.coe.int/Documents/Q_A_Lawyers_Guide_ECHR_ENG.pdf

So is, that a, yes... A no... Or a don't know

[Mr Gray]

That is a condition of applying to the ECHR;

 The principle of subsidiarity requires that national courts must have the opportunity to
prevent, detect and redress the alleged violation(s) themselves. If they fail to provide
redress, an application may be made to the Court.
https://www.echr.coe.int/Documents/Q_A_Lawyers_Guide_ECHR_ENG.pdf

In addition;

Violations of Articles of the Convention must be pleaded substantively at first instance, with specific
reference to the applicable Convention Articles. It is essential to plead the same Convention arguments on appeal, then to the highest national court, or any other constitutional court or court of cassation which acts as a court of last resort.
https://www.echr.coe.int/Documents/Q_A_Lawyers_Guide_ECHR_ENG.pdf

Afaiac... And I would think afa the Mccanns lawyers, are concerned... All this has already been done

[Eleanor]

Your opinion almost exclusively aligns with Davel.
Your opinion rarely aligns with a 'sceptic', irrespective of the topic.

Of course it does.  Who do you think I am? 

But I am awfully glad that you said "Almost" and "Rarely".  Thanks at least for that.