McCanns appeal to the European Court of Human Rights

[Mr Gray]

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.

The ECHR  will not be concerned with that attitude of the McCann's to the police imo that's a completely different  issue....it may well have influenced the SC.

The SC have already said they have balanced amarals freedom of speech ....a human right.... against the McCann's honour....a human right. The SC decided in amarals favour....perhaps the ECHR won't and decide that the McCann's right to honour has not been respected by the courts

[Mr Gray]

Who is denying it (with cites)?

Stephen for one is denying the case has anything to do with amaral...jassi for two

[slartibartfast]

The ECHR  will not be concerned with that attitude of the McCann's to the police imo that's a completely different interpretation issue....it may well have influenced the SC.

The SC have already said they have balanced amarals freedom of speech ....a human right.... against the McCann's honour....a human right. The SC decided in amarals favour....perhaps the ECHR won't and decide that the McCann's right to honour has not been respected by the courts

IMO The ECHR is not an appeal court, it doesn’t review national judgements it is interested in the process of justice and that that process follows Human Rights Rules.

[Mr Gray]

IMO The ECHR is not an appeal court, it doesn’t review national judgements it is interested in the process of justice and that that process follows Human Rights Rules.

It can look at a judgement and decide it has denied a person's human rights...that's what it does

[slartibartfast]

Stephen for one is denying the case has anything to do with amaral...jassi for two

The McCann’s original action had to do with Amaral
The McCann’s action at the ECHR is against Portugal and has nothing to do with Amaral.

All my opinion.

[slartibartfast]

It can look at a judgement and decide it has denied a person's human rights...that's what it does

It will consider the process that was followed.

[Mr Gray]

The McCann’s original action had to do with Amaral
The McCann’s action at the ECHR is against Portugal and has nothing to do with Amaral.

All my opinion.

The claim imo is that amarals book has affected their honour and that the Portuguese courts have allowed this

What claim do you think they are making

[John]

It can look at a judgement and decide it has denied a person's human rights...that's what it does

You mean like Madeleine's?  I agree.

[Mr Gray]

It will consider the process that was followed.

It will consider if the SC have violated their human rights

[Mr Gray]

You mean like Madeleine's?  I agree.

But Madeleine's rights are not in question in this action

[Mr Gray]

You mean like Madeleine's?  I agree.

As I understand the ECHR can only take action against a country...not a person

Yes only action for violation of human rights by a state party....

[Brietta]

The McCanns became much better known than other parents, largely due to their own willingness to inform and engage with the media.

The situation Kate and Gerry found themselves facing in Portugal to disseminate information and to issue public appeals was far different to what happens when a child goes missing in Britain. Here the police take charge of everything acting as a barrier between media and relatives, in effect being press officers on their behalf.

I don't think I have seen any appeal for information in this country and most others which did not feature the attendance of uniformed police either making the appeal or in the background, supporting those who were.

Right from the initial stages and throughout an investigation a police presence appears to be an essential ingredient and even many years ago official press conferences were given by police supported relatives against a background of official local police badges.

Patrick Warren and David Spencer

Kate and Gerry did not receive that official police backup to publicise Madeleine and ask for public help.  They had to do that for themselves.  They had to put out publicity for Madeleine not against a backdrop featuring a police logo but one of the claim that they had called SKY NEWS before reporting Madeleine missing; and so their traducing began.

[slartibartfast]

The claim imo is that amarals book has affected their honour and that the Portuguese courts have allowed this

What claim do you think they are making

The claim is simply that Portugal has disallowed their “right to honour”. What the court decides to look at in and round the case is up to them. They may just look at the judgement.

In my Opinion.

[slartibartfast]

The situation Kate and Gerry found themselves facing in Portugal to disseminate information and to issue public appeals was far different to what happens when a child goes missing in Britain. Here the police take charge of everything acting as a barrier between media and relatives, in effect being press officers on their behalf.

I don't think I have seen any appeal for information in this country and most others which did not feature the attendance of uniformed police either making the appeal or in the background, supporting those who were.

Right from the initial stages and throughout an investigation a police presence appears to be an essential ingredient and even many years ago official press conferences were given by police supported relatives against a background of official local police badges.

Patrick Warren and David Spencer

Kate and Gerry did not receive that official police backup to publicise Madeleine and ask for public help.  They had to do that for themselves.  They had to put out publicity for Madeleine not against a backdrop featuring a police logo but one of the claim that they had called SKY NEWS before reporting Madeleine missing; and so their traducing began.

So you agree they became public figures?

[jassi]

The claim is simply that Portugal has disallowed their “right to honour”. What the court decides to look at in and round the case is up to them. They may just look at the judgement.

In my Opinion.

Has the application even been accepted or are we awaiting confirmation?