McCanns appeal to the European Court of Human Rights

[Alice Purjorick]

As the ECtHR has no powers by which it can enforce a ruling how will it enforce any ruling it makes in this case?
At best this will come down to the ECtHR debating which of two ECHR articles should hold sway in this case.

[Mr Gray]

As the ECtHR has no powers by which it can enforce a ruling how will it enforce any ruling it makes in this case?
At best this will come down to the ECtHR debating which of two ECHR articles should hold sway in this case.

See the cases I have quoted where striking a balance between 10 and 8 has happened many times....it is up to Portugal whether they acccepr the ruling... They have just had one made, against them...let's see if they enforce it

[slartibartfast]

See the cases I have quoted where striking a balance between 10 and 8 has happened many times....it is up to Portugal whether they acccepr the ruling... They have just had one made, against them...let's see if they enforce it

They also had one recently where they were criticised for putting 8 over 10.

[Mr Gray]

They also had one recently where they were criticised for putting 8 over 10.

every case needs to be judged on its merits...

[barrier]

It's all very terribly hush hush this application to the European court.  For all we know it has already been rejected this the silence recently.

If you go on the ECHR and type in McCann v Portugal there is nothing,so its not even reached the inadmissible/admissible stage as yet.

[misty]

If you go on the ECHR and type in McCann v Portugal there is nothing,so its not even reached the inadmissible/admissible stage as yet.

Cases get dealt with in order of importance, i.e. risk to life or liberty take precedence.

[barrier]

Cases get dealt with in order of importance, i.e. risk to life or liberty take precedence.

Come back when the next world cup comes around then.

[misty]

every case needs to be judged on its merits...

I forgot to mention the statute of limitations for civil cases but defamation laws are a bit more complicated in Portugal.
Some interesting facts in this https://ipi.media/wp-content/uploads/2016/08/PortugalCriminalDef_IPI_ENG.pdf

[barrier]

Come back when the next world cup comes around then.

Tis from the fail quoting that font of rubbish the s..m.

Family spokesman Clarence Mitchell told MailOnline: 'I can confirm that Kate and Gerry McCann’s Portuguese lawyers lodged an appeal application in the Amaral case with the European Court of Human Rights in July of this year.
'The Court acknowledged the application in August and its admissibility is now being examined. Kate and Gerry will not be commenting on any aspect whatsoever as it remains entirely a matter for their Portuguese lawyers.'
It is understood that the result of the appeal will not be known for at least four years.

http://www.dailymail.co.uk/news/article-4867778/Madeleine-McCann-s-parents-appeal-European-Court.html

[jassi]

Cases get dealt with in order of importance, i.e. risk to life or liberty take precedence.

never a truer word - IMO

[Alice Purjorick]

See the cases I have quoted where striking a balance between 10 and 8 has happened many times....it is up to Portugal whether they acccepr the ruling... They have just had one made, against them...let's see if they enforce it

My question remains.
As the ECtHR have no powers of enforcement by what means will they enforce any ruling on McCann v Portugal ?
The UK has said "upstick" to ECtHR rulings more times than you can shake a stick at.

[Mr Gray]

My question remains.
As the ECtHR have no powers of enforcement by what means will they enforce any ruling on McCann v Portugal ?
The UK has said "upstick" to ECtHR rulings more times than you can shake a stick at.

On what are you basing your figures... Or are you making things up as you go along....

[Miss Taken Identity]

I forgot to mention the statute of limitations for civil cases but defamation laws are a bit more complicated in Portugal.
Some interesting facts in this https://ipi.media/wp-content/uploads/2016/08/PortugalCriminalDef_IPI_ENG.pdf

Was the case brought against Amaral one of defamation? or was it not about the parents being hurt that the police were even thinking they were responsible for their daughters mortal state? and did they not add to that the pain and suffering they and they children experienced was as a direct result of the contents of the book which they claim had an affect on the 'search' for their daughter.  AND didn't they fail to provide any evidence to support these claims?


AND didn't the judge ask 'what about the level of pain you suffered' your daughter missing or the book.?   I wonder why she asked that question, and I wonder what the reply was.. I just forget.

NB amended post to include why the judge asked about the level of pain. thanks to Faith.

Judge - Did that have to do with the disappearance of your child, or with the book and the documentary?
Kate Healy (McCann) Both were overwhelming, but it was intensified when the book was published.’

[faithlilly]

Was the case brought against Amaral one of defamation? or was it not about the parents being hurt that the police were even thinking they were responsible for their daughters mortal state? and did they not add to that the pain and suffering they and they children experienced was as a direct result of the contents of the book which they claim had an affect on the 'search' for their daughter.  AND didn't they fail to provide any evidence to support these claims?


AND didn't the judge ask 'what was more painful' your daughter missing or the book.?   I wonder why she asked that question, and I wonder what the reply was.. I just forget.

Here it is in all its glory.


‘
Judge - Were you diagnosed with a clinical depression?
Kate Healy (McCann) No. Depression is an over-diagnosed, over used term to diagnose those who feel a bit down, clinically I wasn't depressed.
Judge - There is a quote attributed to you - did you ever say that you wished you were in a coma so you wouldn't suffer?
Kate Healy (McCann) Yes.
Judge - Did that have to do with the disappearance of your child, or with the book and the documentary?
Kate Healy (McCann) Both were overwhelming, but it was intensified when the book was published.’

Part of the claim against Amaral said that his book caused a severe depression yet Kate denies it when giving evidence. Talk about shooting yourself in the foot ! It would appear this lady will go to any length to maintain the veneer of respectability, even scuppering her own case.

[Eleanor]

Was the case brought against Amaral one of defamation? or was it not about the parents being hurt that the police were even thinking they were responsible for their daughters mortal state? and did they not add to that the pain and suffering they and they children experienced was as a direct result of the contents of the book which they claim had an affect on the 'search' for their daughter.  AND didn't they fail to provide any evidence to support these claims?


AND didn't the judge ask 'what was more painful' your daughter missing or the book.?   I wonder why she asked that question, and I wonder what the reply was.. I just forget.

Did The Judge ask that?

A cite is require.  Otherwise I will remove this comment.