McCanns appeal to the European Court of Human Rights

[Mr Gray]

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

Pathetic response

[Robittybob1]

Pathetic response

Quote us the case number and we will accept it.

[Mr Gray]

Quote us the case number and we will accept it.

Its of no importance whether you accept it or no...its of no importance whether anyone on this form accepts it or not

[Mr Gray]

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

[Robittybob1]

Thanks.

[Mr Gray]

interesting post here from a leading sceptic....... ex solicitor...leader of a very respected(by some) forum........a forum which claims to be an absolute authority on information on this case ...post made march this year




I can claim some knowledge here as I have previously brought a case in the European Court of Human Rights.

You can look it up, it was Hyatt v United Kingdom (1987) and concerned a mother whose child was adopted without her consent.

There are basically FOUR stages in a case reaching the European Court of Human Rights,

First of all, you apply to the EUROPEAN COMMISSION on Human Rights, NOT the Court.

Stage 1 is: is the case ADMISSIBLE? That means, does it meet the basic criteria e.g. does it conform with the time limits, is the matter within the competence of the European Court etc.   

If that is successful, the COMMISSION then passes to

Stage 2, which is: does the case have MERIT. In British legal terms, this is akin to asking: is there at least an arguable case?

If the answer to Stage 2 is YES, ONLY THEN does the matter become referred to the COURT, and is no longer dealt with by the COMMISSION.


He really knows his stuff ......or does he

[Robittybob1]

interesting post here from a leading sceptic....... ex solicitor...leader of a very respected(by some) forum........a forum which claims to be an absolute authority on information on this case ...post made march this year




I can claim some knowledge here as I have previously brought a case in the European Court of Human Rights.

You can look it up, it was Hyatt v United Kingdom (1987) and concerned a mother whose child was adopted without her consent.

There are basically FOUR stages in a case reaching the European Court of Human Rights,

First of all, you apply to the EUROPEAN COMMISSION on Human Rights, NOT the Court.

Stage 1 is: is the case ADMISSIBLE? That means, does it meet the basic criteria e.g. does it conform with the time limits, is the matter within the competence of the European Court etc.   

If that is successful, the COMMISSION then passes to

Stage 2, which is: does the case have MERIT. In British legal terms, this is akin to asking: is there at least an arguable case?

If the answer to Stage 2 is YES, ONLY THEN does the matter become referred to the COURT, and is no longer dealt with by the COMMISSION.


He really knows his stuff ......or does he

I'd say he does.

[jassi]

I'd say he does.

Doesn't matter either way. The best source of information on the ECHR is their website.

[Mr Gray]

I'd say he does.

he doesnt..hes 20 yrs out of date...the commission was closed in 1998...now cases go straight to the court

[Robittybob1]

he doesnt..hes 20 yrs out of date...the commission was closed in 1998...now cases go straight to the court

At the time.

[Mr Gray]

At the time.

He's writing this in relation to the McCanns applicaton

[Robittybob1]

He's writing this in relation to the McCanns applicaton

My mistake then.

[G-Unit]

This is interesting;

European Court of Human Rights
Questions and Answers.


Are there any procedures that must be followed
beforehand in the national courts?
" Yes. You must have used all the remedies in the State concerned
that could provide redress for the situation you are complaining
about (usually this will mean an application to the appropriate
court, followed by an appeal, where applicable, and even a
further appeal to a higher court such as the supreme court or
constitutional court, if there is one).
" It is not enough merely to make use of these remedies. In so
doing, you must also have actually raised your complaints (the
substance of the Convention violations you are alleging).
https://www.echr.coe.int/Documents/Questions_Answers_ENG.pdf

[Sunny]

he doesnt..hes 20 yrs out of date...the commission was closed in 1998...now cases go straight to the court

Davel he wrote about a case in 1987.

The European Commission does still exist and does still send some cases to the ECHR.

When countries fail to apply EU law
If national authorities fail to properly implement EU laws, the Commission may launch a formal infringement procedure against the country in question. If the issue is still not settled, the Commission may eventually refer the case to the European Court of Justice.

https://ec.europa.eu/info/law/law-making-process/applying-eu-law_en

[Robittybob1]

This is interesting;

European Court of Human Rights
Questions and Answers.


Are there any procedures that must be followed
beforehand in the national courts?
" Yes. You must have used all the remedies in the State concerned
that could provide redress for the situation you are complaining
about (usually this will mean an application to the appropriate
court, followed by an appeal, where applicable, and even a
further appeal to a higher court such as the supreme court or
constitutional court, if there is one).
" It is not enough merely to make use of these remedies. In so
doing, you must also have actually raised your complaints (the
substance of the Convention violations you are alleging).
https://www.echr.coe.int/Documents/Questions_Answers_ENG.pdf

I read that as they must use the remedies but the issues the ECHR are to consider have to be in the submission to the ECHR and not actually raised in the previous court cases.