McCanns appeal to the European Court of Human Rights

[Mr Gray]

In your opinion again...
I would say it is on topic... I've given my opinion... It has just, as much weight as your opinion.

[Miss Taken Identity]

WE need to revisit the McCanns case.
No one was on trial, innocence or guilt of Amaral or the McCanns was not established, because NO ONE WAS ON TRIAL.

Not having someone on trial means two things: there is no need of presumptions of innocence
and no one was found guilty or not guilty of any crime.

Amaral wrote a book on the police thinking at that time, the McCanns didn't like it and made all sorts of crazy claims WHICH they could not prove.

The supreme court made a final judgement on the claims and came to the conclusion that Amaral had excersised his right to freedom of speech.

Full stop.


However, the McCanns lawyer made a statement about the McCanns being 'innocent' and this was replied with it had not been established.

Nothing bad about this ,so you can introduce as many other cases ay you wish, it won't change a thing.

[barrier]

WE need to revisit the McCanns case.
No one was on trial, innocence or guilt of Amaral or the McCanns was not established, because NO ONE WAS ON TRIAL.

Not having someone on trial means two things: there is no need of presumptions of innocence
and no one was found guilty or not guilty of any crime.

Amaral wrote a book on the police thinking at that time, the McCanns didn't like it and made all sorts of crazy claims WHICH they could not prove.

The supreme court made a final judgement on the claims and came to the conclusion that Amaral had excersised his right to freedom of speech.

Full stop.


However, the McCanns lawyer made a statement about the McCanns being 'innocent' and this was replied with it had not been established.

Nothing bad about this ,so you can introduce as many other cases ay you wish, it won't change a thing.

That was the week that was,still nothing from the ECHR,wonder how many times that can be repeated each Sunday.

[Mr Gray]

That was the week that was,still nothing from the ECHR,wonder how many times that can be repeated each Sunday.

until we hear something....

[Sunny]

until we hear something....

Or as I think, we won't. I believe the McCanns have petitioned anonymously and if they lose or it is deemed inadmissible then they will hardly publicise that.  Of course if they are successful (which I doubt) then they will proclaim it from the rooftops IMO.

[Alice Purjorick]

Or as I think, we won't. I believe the McCanns have petitioned anonymously and if they lose or it is deemed inadmissible then they will hardly publicise that.  Of course if they are successful (which I doubt) then they will proclaim it from the rooftops IMO.

As was posted just over a year ago:
http://www.echr.coe.int/Documents/Questions_Answers_ENG.pdf
[b]What is the European Court of Human Rights not able to do for me?[/b]
The Court does not act as a court of appeal in relation to national
courts; it does not rehear cases, it cannot quash, vary or revise
their decisions.
The  Court  will  not  intercede  directly  on  your  behalf  with
the  authority  you  are  complaining  about.  In  exceptional
circumstances the Court may, however, grant interim measures.
As a matter of practice it only does so where there is a serious
risk of physical harm to the applicant.
The Court will not help you find or pay a lawyer to draw up your
application.
The Court cannot give you any information on legal provisions
in force in the State against which your complaints are directed.

I was concerned for a while that the ECtHR did not understand its own powers. I am however now put at ease to a certain extent by the knowledge that a few members of this forum will be able to correct the ECtHR should the ECtHR err. I am not sure how that mechanism works but I am sure someone will come along shortly to tell us.

[Sunny]

As was posted just over a year ago:
http://www.echr.coe.int/Documents/Questions_Answers_ENG.pdf
[b]What is the European Court of Human Rights not able to do for me?[/b]
The Court does not act as a court of appeal in relation to national
courts; it does not rehear cases, it cannot quash, vary or revise
their decisions.
The  Court  will  not  intercede  directly  on  your  behalf  with
the  authority  you  are  complaining  about.  In  exceptional
circumstances the Court may, however, grant interim measures.
As a matter of practice it only does so where there is a serious
risk of physical harm to the applicant.
The Court will not help you find or pay a lawyer to draw up your
application.
The Court cannot give you any information on legal provisions
in force in the State against which your complaints are directed.

I was concerned for a while that the ECtHR did not understand its own powers. I am however now put at ease to a certain extent by the knowledge that a few members of this forum will be able to correct the ECtHR should the ECtHR err. I am not sure how that mechanism works but I am sure someone will come along shortly to tell us.

Who are you thinking of Alice? 

[jassi]

As I understand it, once an application has been submitted, further dialogue is not allowed .
This being the case, I feel the  mcCanns must be be permanently on tenterhooks - today might be the day they hear something.
How disappointing each day   must be when nothing arrives and how frustrating  that they can't discover what is happening to their application.

This assumes that they haven't yet received their rejection notice.

[Brietta]

As I understand it, once an application has been submitted, further dialogue is not allowed .
This being the case, I feel the  mcCanns must be be permanently on tenterhooks - today might be the day they hear something.
How disappointing each day   must be when nothing arrives and how frustrating  that they can't discover what is happening to their application.

This assumes that they haven't yet received their rejection notice.

I think you are misjudging the situation.  In my opinion there can be nothing more important to them than news of Madeleine.  I think that has concentrated their daily ration of 'tenterhooks' since the day and hour Madeleine disappeared.

[Mr Gray]

As was posted just over a year ago:
http://www.echr.coe.int/Documents/Questions_Answers_ENG.pdf
[b]What is the European Court of Human Rights not able to do for me?[/b]
The Court does not act as a court of appeal in relation to national
courts; it does not rehear cases, it cannot quash, vary or revise
their decisions.
The  Court  will  not  intercede  directly  on  your  behalf  with
the  authority  you  are  complaining  about.  In  exceptional
circumstances the Court may, however, grant interim measures.
As a matter of practice it only does so where there is a serious
risk of physical harm to the applicant.
The Court will not help you find or pay a lawyer to draw up your
application.
The Court cannot give you any information on legal provisions
in force in the State against which your complaints are directed.

I was concerned for a while that the ECtHR did not understand its own powers. I am however now put at ease to a certain extent by the knowledge that a few members of this forum will be able to correct the ECtHR should the ECtHR err. I am not sure how that mechanism works but I am sure someone will come along shortly to tell us.

Some of us are aware of all that.... In fact I was probably one of the only member of the forum who understood on what grounds the McCann's could make an application... Most sceptics believed the hype elsewhere that they had no grounds

[barrier]

Just a heads up of I think to the time scale involved,at the moment in the case of López Ribalda and Others v. Spain going to the court again  just for example,The application was lodged with the European Court of Human Rights on 28 December 2012.
The hearing of this took place on 9th January 2018 some 5 yrs and a couple of moths after,don't expect any thing any time soon imo.

In this case article 8 was used the court finding in favour of the applicants, Spain is now appealing that,so its not all cut and dried once a verdict is reached.

For reference hearings in November.

https://echr.coe.int/Pages/home.aspx?p=home

[slartibartfast]

Just a heads up of I think to the time scale involved,at the moment in the case of López Ribalda and Others v. Spain going to the court again  just for example,The application was lodged with the European Court of Human Rights on 28 December 2012.
The hearing of this took place on 9th January 2018 some 5 yrs and a couple of moths after,don't expect any thing any time soon imo.

In this case article 8 was used the court finding in favour of the applicants, Spain is now appealing that,so its not all cut and dried once a verdict is reached.

For reference hearings in November.

https://echr.coe.int/Pages/home.aspx?p=home

One rather feels that a ECHR application is just kicking things into the long grass.

[barrier]

One rather feels that a ECHR application is just kicking things into the long grass.

Its certainly not a quick fix.

[Mr Gray]

One rather feels that a ECHR application is just kicking things into the long grass.

Obtaining justice is important... However long it takes..

I think the Portuguese verdict was just so unjust it had to be challenged

[Miss Taken Identity]

Obtaining justice is important... However long it takes..


I think the Portuguese verdict was just so unjust it had to be challenged

"Obtaining justice is important... However long it takes"..

I agree with that sentiment entirely.


"I think the Portuguese verdict was just so unjust it had to be challenged"

Based on the evidence provided by the McCanns- I can't agree on this statement. Sorry.