Author Topic: McCanns appeal to the European Court of Human Rights  (Read 530768 times)

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Offline jassi

Re: McCanns appeal to the European Court of Human Rights
« Reply #2175 on: September 30, 2018, 04:02:59 PM »
I believe only two cases were recorded as being rejected recently despite the Court receiving hundreds of Applications.

If its not admissible it doesn't get registered.
If a notification of rejection was published for every application, the the ECHR website would reflect that and a search function would be provided.
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline John

Re: McCanns appeal to the European Court of Human Rights
« Reply #2176 on: September 30, 2018, 04:03:46 PM »
There are lots of records online that have registration  numbers but have been declared inadmissible ..

The European Court of Human Rights has today rejected an application from the family of Alfie Evans
in the case of Evans v. the United Kingdom (application no. 18770/18).
The case concerned the family’s argument that the prevention of Alfie’s transfer from Alder Hey
Hospital constituted deprivation of liberty and a violation of Article 5 (right to liberty and security) of
the European Convention on Human Rights.
In its decision the Court found that the application was inadmissible

The clerks reject many applications before they even reach registration.  An Application has to be competent and be submitted in the correct format otherwise it is sent back.
« Last Edit: September 30, 2018, 04:06:18 PM by John »
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2177 on: September 30, 2018, 04:04:18 PM »
If a notification of rejection was published for every application, the the ECHR website would reflect that and a search function would be provided.

you can serach by name...just a google search

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2178 on: September 30, 2018, 04:06:08 PM »
The clerks reject many applications before they're even reach registration.

do you have a cite for that ...it doessnt sound correct at all....every application would need to be registered so that a record could be kept..

If your application is clearly inadmissible because it does not meet
all the required admissibility criteria, it will be dealt with by a
single judge. The inadmissibility decision given by that judge is
final and it will be communicated to you. It is not possible to
challenge the inadmissibility decision or request any further
information about it. The Court will close the case and the file
will be destroyed at a later date.

Offline Snowgirl

Re: McCanns appeal to the European Court of Human Rights
« Reply #2179 on: September 30, 2018, 04:08:10 PM »
Do you have a reason why it would not be accepted...
 From what I have seen if it had been rejected there would be a statement on the ECHR site
Do they publish a list of rejected applications ?  How much time elapses between the two ?
 Reasons it might be rejected.
 How about,
 •51% were rejected as manifestly ill-founded
 •10% were rejected because the applicants wanted the Court to quash, rehear or revise decisions taken by domestic courts ("fourth instance")

Offline John

Re: McCanns appeal to the European Court of Human Rights
« Reply #2180 on: September 30, 2018, 04:08:31 PM »
There is a fault with the Likes system at the moment which necessitated the removal of the function temporarily.  Hopefully we can get it back soon.
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline jassi

Re: McCanns appeal to the European Court of Human Rights
« Reply #2181 on: September 30, 2018, 04:10:33 PM »
It is possible that rejections are published on line, but cannot be viewed unless you know the case number.
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline John

Re: McCanns appeal to the European Court of Human Rights
« Reply #2182 on: September 30, 2018, 04:12:57 PM »
do you have a cite for that ...it doessnt sound correct at all....every application would need to be registered so that a record could be kept..

If your application is clearly inadmissible because it does not meet
all the required admissibility criteria, it will be dealt with by a
single judge. The inadmissibility decision given by that judge is
final and it will be communicated to you. It is not possible to
challenge the inadmissibility decision or request any further
information about it. The Court will close the case and the file
will be destroyed at a later date.

Sorry davel but that is not the case, I have been through the process so I know first hand what happens.  If an Application is incompetent for any reason it is sent back to the applicant by the court clerks.  A judge will only see competent Applications once they are checked, processed and registered.
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2183 on: September 30, 2018, 04:15:33 PM »
Do they publish a list of rejected applications ?  How much time elapses between the two ?
 Reasons it might be rejected.
 How about,
 •51% were rejected as manifestly ill-founded
 •10% were rejected because the applicants wanted the Court to quash, rehear or revise decisions taken by domestic courts ("fourth instance")

in what way could it be manifestly ill founded........the mccanns are applying for a ruling on the violation of their human rights...they are not asking for a judgeemnt to be quashed...human right violations are exactly what the court deal with...


have you looked at any examples of manifestly ill founded....I doubt it

Offline Snowgirl

Re: McCanns appeal to the European Court of Human Rights
« Reply #2184 on: September 30, 2018, 04:19:05 PM »
Sorry davel but that is not the case, I have been through the process so I know first hand what happens.  If an Application is incompetent for any reason it is sent back to the applicant by the court clerks.  A judge will only see competent Applications once they are checked, processed and registered.
bib.  How long would pass between receiving an application and sending it back d'you think ?

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2185 on: September 30, 2018, 04:19:20 PM »
Sorry davel but that is not the case, I have been through the process so I know first hand what happens.  If an Application is incompetent for any reason it is sent back to the applicant by the court clerks.  A judge will only see competent Applications once they are checked, processed and registered.

then you are not talking about admissibility and the criteria you have mentioned.....an application would only not be registerd if the form was not fully completed .....i wouldnt expect the mccans lawyers not to fill in the forms. As the case has not been declared inadmissable by a judge....i would assume a revised application could be made in those cases

Offline John

Re: McCanns appeal to the European Court of Human Rights
« Reply #2186 on: September 30, 2018, 04:20:56 PM »
bib.  How long would pass between receiving an application and sending it back d'you think ?

Just days.  I found the process relatively quick in the initial stages.  Thereafter things can take months to move from a single judge who decides whether the Application has any merit to a panel who look at it in more detail.
« Last Edit: September 30, 2018, 04:23:49 PM by John »
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2187 on: September 30, 2018, 04:22:44 PM »
Just days

so the form can then be corrected and re sent.....

Offline jassi

Re: McCanns appeal to the European Court of Human Rights
« Reply #2188 on: September 30, 2018, 04:24:15 PM »
If an application is successfully lodged, the country involve must be notified of this. Do they publish lists of outstanding cases ?
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline John

Re: McCanns appeal to the European Court of Human Rights
« Reply #2189 on: September 30, 2018, 04:24:26 PM »
so the form can then be corrected and re sent.....

Certainly.
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.