Author Topic: McCanns appeal to the European Court of Human Rights  (Read 536562 times)

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Offline Montclair

Re: McCanns appeal to the European Court of Human Rights
« Reply #2250 on: September 30, 2018, 10:14:18 PM »
You would need to supply a link to the case to understand  it's relevance... Depends what he was commenting on and the veracity of his statement

Freedom of expression is not a  right to say anything about anyone

I read the interview and the journalist states that the defamation laws are good, the problem is that too many judges still rule in favour of preserving honour and reputation over freedom of expression and opinion. This is the reason why Portugal has lost cases in the ECHR. Also, it was pointed out that the compensation awarded was disproportionate, even more than what is awarded in murder cases. Imagine what the ECHR would have thought of awarding compensation for over 500.000€ in a civil case!

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2251 on: September 30, 2018, 10:17:46 PM »
I read the interview and the journalist states that the defamation laws are good, the problem is that too many judges still rule in favour of preserving honour and reputation over freedom of expression and opinion. This is the reason why Portugal has lost cases in the ECHR. Also, it was pointed out that the compensation awarded was disproportionate, even more than what is awarded in murder cases. Imagine what the ECHR would have thought of awarding compensation for over 500.000€ in a civil case!

I've read the case as well... Some time ago... It relates to a journalist being critical of a judge and the court protecting the establishment... That's why it was corrected

Offline Sunny

Re: McCanns appeal to the European Court of Human Rights
« Reply #2252 on: September 30, 2018, 10:20:42 PM »
That's a link to s newspaper article... Not a link to the ECHR ruling

Davel there is no link to the ECHR ruling. There is a page where you have to download it. Just search for José Manuel Fernandes echr ruling and it should be around the third link down. Download it and read it.
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Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2253 on: September 30, 2018, 10:22:52 PM »
Davel there is no link to the ECHR ruling. There is a page where you have to download it. Just search for José Manuel Fernandes echr ruling and it should be around the third link down. Download it and read it.

I've read about the case before.... The journalist was simply critical of the judge... He wasn't accusing the judge of being a criminal and a liar

Offline Alice Purjorick

Re: McCanns appeal to the European Court of Human Rights
« Reply #2254 on: September 30, 2018, 10:24:17 PM »
So you can't point to a single incidence... You used to make some decent points... You've spent too long in bad company...

Oh rather old stick
https://www.youtube.com/watch?v=ww5GXbk58R0
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline Alice Purjorick

Re: McCanns appeal to the European Court of Human Rights
« Reply #2255 on: September 30, 2018, 10:38:33 PM »
So you can't point to a single incidence... You used to make some decent points... You've spent too long in bad company...

That is an erroneous inference you have drawn.
You have repeatedly ignored the caveat the ECtHR stipulates when trying to use Article 8 to trump Article 10.

"The Court has held, moreover, that Article 8 cannot be relied on in  order  to  complain  of  a  loss  of  reputation  which  is  the  foreseeable  consequence  of  one’s own actions"

The list would include but not be limited to:
Courting the media.
Briefing against the police.
Lack of cooperation with the police.
Leaving minors unattended thus contravening your own country's guidelines on child care.


"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline Montclair

Re: McCanns appeal to the European Court of Human Rights
« Reply #2256 on: September 30, 2018, 10:46:46 PM »
An interesting article on Portugal's defamation laws:

https://ipi.media/ipi-report-highlights-need-for-defamation-reform-in-portugal/

Offline Robittybob1

Re: McCanns appeal to the European Court of Human Rights
« Reply #2257 on: October 01, 2018, 04:28:02 AM »
An interesting article on Portugal's defamation laws:

https://ipi.media/ipi-report-highlights-need-for-defamation-reform-in-portugal/
That was in Jun 9, 2015.  I wonder if they have made improvements since then?
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Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2258 on: October 01, 2018, 07:30:20 AM »
That is an erroneous inference you have drawn.
You have repeatedly ignored the caveat the ECtHR stipulates when trying to use Article 8 to trump Article 10.

"The Court has held, moreover, that Article 8 cannot be relied on in  order  to  complain  of  a  loss  of  reputation  which  is  the  foreseeable  consequence  of  one’s own actions"

The list would include but not be limited to:
Courting the media.
Briefing against the police.
Lack of cooperation with the police.
Leaving minors unattended thus contravening your own country's guidelines on child care.

But that is not limited ti what amaral has accused them of.... Hiding their daughters body... Lying on a, grand scale... Fraud in a grand scale... So to me that argument does not hold water

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2259 on: October 01, 2018, 07:35:24 AM »
An interesting article on Portugal's defamation laws:

https://ipi.media/ipi-report-highlights-need-for-defamation-reform-in-portugal/

I've seen this before... It appears ti me that Portugal was not allowing legitimate criticism of it's establishment by journalist... As, in the Fernandez case... It seems to me the SC looked at this and went too far in the opposite direction in the McCann case...ie... They still have not managed ti get the balance, right
« Last Edit: October 01, 2018, 07:48:55 AM by Davel »

Offline Montclair

Re: McCanns appeal to the European Court of Human Rights
« Reply #2260 on: October 01, 2018, 09:23:05 AM »
But that is not limited ti what amaral has accused them of.... Hiding their daughters body... Lying on a, grand scale... Fraud in a grand scale... So to me that argument does not hold water
Gonçalo Amaral never accused them of hiding their daughter's body or lying, etc. He only repeated what the conclusions of the investigation were in September 2007. Neither did he say that they committed fraud, he only brought up the possibility to the UK police if it had been found out that the parents knew what happened to their daughter.

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2261 on: October 01, 2018, 09:39:55 AM »
Gonçalo Amaral never accused them of hiding their daughter's body or lying, etc. He only repeated what the conclusions of the investigation were in September 2007. Neither did he say that they committed fraud, he only brought up the possibility to the UK police if it had been found out that the parents knew what happened to their daughter.

Have you watched the documentary... He claimed as fact Maddie died in the apartment.... He claimed as fact the death was covered up

Offline slartibartfast

Re: McCanns appeal to the European Court of Human Rights
« Reply #2262 on: October 01, 2018, 09:54:43 AM »
Have you watched the documentary... He claimed as fact Maddie died in the apartment.... He claimed as fact the death was covered up

The second necessarily follows from the first.
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2263 on: October 01, 2018, 09:55:31 AM »
00.48 - During the following 50 minutes, I will prove that the child was not abducted, and that she died in the holiday apartment in Praia da Luz.

The investigation never said it could prove Maddie died in the apartment and was not abducted

Offline slartibartfast

Re: McCanns appeal to the European Court of Human Rights
« Reply #2264 on: October 01, 2018, 09:56:35 AM »
00.48 - During the following 50 minutes, I will prove that the child was not abducted, and that she died in the holiday apartment in Praia da Luz.

The investigation never said it could prove Maddie died in the apartment and was not abducted

How do you know?
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.