McCanns appeal to the European Court of Human Rights

[slartibartfast]

I asked you for a cite first which you have been unable to supply..

If you read the paper you quoted fourth instance applies when the appellants do not have a calim against any particular article but feel they have been teated badly by the initial court decision...it may be heard under the right to a fair trial
Not article 8
Have you, actually read it

I read the paper.

Fourth Instance is a section under Inadmissibility based on the Merits, subsection Manifestly Ill Founded.

[Robittybob1]

Agreed but the police must have sufficient and credible evidence to present before a case gets to court.

Did anyone tell this to Amaral?

[Robittybob1]

Why was GA took off the case. imo he was getting to close

I like a bit of humour at times.

[Robittybob1]

You need to provide a cite for brush given to krugel.... Quite possibly he was given the brush then returned it

So you are not familiar with the hair brush saga.  I think Kizi has finally raised a point that needs answering. 

[Mr Gray]

So you are not familiar with the hair brush saga.  I think Kizi has finally raised a point that needs answering.

It's been answerred by Brietta

[Mr Gray]

I read the paper.

Fourth Instance is a section under Inadmissibility based on the Merits, subsection Manifestly Ill Founded.

Yes I know... I read it... So again... How would it aply to this case....

[slartibartfast]

Yes I know... I read it... So again... How would it aply to this case....

That means that it is not its task to deal with errors of fact or law allegedly committed by a national court unless and in so far as such errors may have infringed rights and freedoms protected by the Convention. It may not itself assess the facts which have led a national court to adopt one decision rather than another. If it were otherwise, the Court would be acting as a court of third or fourth instance, which would be to disregard the limits imposed on its action

In the light of the above considerations the Court may not, as a general rule, question the findings and conclusions of the domestic courts as regards:
 the establishment of the facts of the case;
 the interpretation and application of domestic law;
 the admissibility and assessment of evidence at the trial;
 the substantive fairness of the outcome of a civil dispute;
 the guilt or innocence of the accused in criminal proceedings.

[Mr Gray]

If you think that rules out the McCann claim then you don't understand  what is written there... Imo

I'm on my phone at the moment so can't copy and paste

Third line of your quote... Unless and in so far... Those are the crucial words

[slartibartfast]

If you think that rules out the McCann claim then you don't understand  what is written there... Imo

I'm on my phone at the moment so can't copy and paste

Unless we know what was in the application we can’t really point to specifics. From the gist of what the supporters have been saying, and the points above, I would say the chances of admissibility and success are extremely slim.

[Mr Gray]

Unless we know what was in the application we can’t really point to specifics. From the gist of what the supporters have been saying, and the points above, I would say the chances of admissibility and success are extremely slim.

Supporters have been saying where?.... Cite... On this forum it's basically me citing article  8 to which your point hsd zero relevance... On the previous cases I have seen I would rate the chances very good

[slartibartfast]

Supporters have been saying where?.... Cite... On this forum it's basically me citing article  8 to which your point hsd zero relevance... On the previous cases I have seen I would rate the chances very good

If you read the document you will have seen that it usually applies to article 6 but can apply to any article.

[Robittybob1]

It's been answerred by Brietta

It was brushed off by Brietta.

[Mr Gray]

It was brushed off by Brietta.

In your  opinion... Imo brietta provided the answer

[Mr Gray]

If you read the document you will have seen that it usually applies to article 6 but can apply to any article.

So... For the third time.. Precisely how will that affect the McCann's application

[Robittybob1]

So... For the third time.. Precisely how will that affect the McCann's application

Not at all if they didn't actually make one.