Author Topic: McCanns appeal to the European Court of Human Rights  (Read 530869 times)

0 Members and 4 Guests are viewing this topic.

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #3075 on: August 29, 2019, 04:27:50 PM »
As yet, there is nothing to indicate that the case will even be heard.

I think there's lots to indicate the case will be heard... An application made and afaics a clear breach two articles

Offline G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #3076 on: August 29, 2019, 06:10:02 PM »
They dont have to quote the article in the case as long as it concerns a human right... The right to reputation was raised as was the presumption of innocence

 Violations of Articles of the Convention must be pleaded substantively at first instance, with specific
reference to the applicable Convention Articles.
It is essential to plead the same
Convention arguments on appeal, then to the highest national court, or any other
constitutional court or court of cassation which acts as a court of last resort

https://www.echr.coe.int/Documents/Q_A_Lawyers_Guide_ECHR_ENG.pdf
Read and abide by the forum rules.
Result = happy posting.
Ignore and break the rules
Result = edits, deletions and unhappiness
http://miscarriageofjustice.co/index.php?board=2.0

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #3077 on: August 29, 2019, 06:58:01 PM »
Violations of Articles of the Convention must be pleaded substantively at first instance, with specific
reference to the applicable Convention Articles.
It is essential to plead the same
Convention arguments on appeal, then to the highest national court, or any other
constitutional court or court of cassation which acts as a court of last resort

https://www.echr.coe.int/Documents/Q_A_Lawyers_Guide_ECHR_ENG.pdf

I think you have completely misunderstood what that means...


This guide is directed at lawyers intending to bring a case before the European Court of
Human Rights (“the Court”).


ie...this is advise to lawyers once the decision has been taken  to file a case at the ECHR


« Last Edit: August 29, 2019, 07:32:46 PM by Davel »

Offline G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #3078 on: August 29, 2019, 07:45:45 PM »
I think you have completely misunderstood what that means

The Articles to be used in an application to the ECHR must be brought to the attention of the national courts at every hearing. In this case that means in the court of the first instance, in the appeal court and in the supreme court.
Read and abide by the forum rules.
Result = happy posting.
Ignore and break the rules
Result = edits, deletions and unhappiness
http://miscarriageofjustice.co/index.php?board=2.0

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #3079 on: August 29, 2019, 07:48:51 PM »
The Articles to be used in an application to the ECHR must be brought to the attention of the national courts at every hearing. In this case that means in the court of the first instance, in the appeal court and in the supreme court.

as i have said i think you misunderstand...why should the articles be cited at every hearing when no decision hs been take to involve the ECHR....the guidance you have cited is for lawyers about to take a case to the ECHR..

you are woefully misguided imo

Offline Miss Taken Identity

Re: McCanns appeal to the European Court of Human Rights
« Reply #3080 on: August 29, 2019, 08:14:12 PM »
The Articles to be used in an application to the ECHR must be brought to the attention of the national courts at every hearing. In this case that means in the court of the first instance, in the appeal court and in the supreme court.

It is so easy to get confused when mains  media use blinkered jargon and blatant hog wash to bamboozle the faithdul- not so much the-uninterested in justice for the McCanns - considering what the hell justice they are seeking?

Article 8 is not mentioned in the three court hearings. which it must be -to be considered. The SC ruled Amaral had no case to answer from the McCanns claims. ie they failed to produce any evidence which would lift the suspision/theory of the Pj at the time of MBM going 'missing'.

They failed to produce indepentant medical evidence of their claims about mental health of all 5 members of the family- even though one may be dead.
They failed to produce evidence that large scale of the global population stopped looking for their daughter as a result of Sr Amarals book. First having failed to produce evidence that the global population was in fact looking in the first place.

They also failed to produce evidence of their chosen theory to thwart the PJ's theory or to prove theirs wrong. In fact it was ruled they failed by not being compliant with a reconstruction. Which they claimed would not find MBM ,but then neither would spending search money on PR and  lawyers , but hey...

 
So how was their good name affected? did they lose their jobs? become homeless?

Hell no! the exact opposite!


presumed innocent? they were while they were under investigation and arrested invited for questioning as suspects/arguidos. There is no evidence to the contrary.


Edited: to make the McCanns look innocent and imply they are being tortured by bloody foriegners. the fking w@kers and tweedle dee  tweedle dumb being named here.
« Last Edit: August 30, 2019, 10:43:54 AM by Miss Taken Identity »
'Never underestimate the power of stupid people'... George Carlin

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #3081 on: August 29, 2019, 08:27:19 PM »
It is so easy to get confused when mains  media use blinkered jargon and blatant hog wash to bamboozle the faithdul- not so much the-uninterested in justice for the McCanns - considering what the hell justice they are seeking?

Article 8 is not mentioned in the three court hearings. which it must be -to be considered. The SC ruled Amaral had no case to answer from the McCanns claims. ie they failed to produce any evidence which would lift the suspision/theory of the Pj at the time of MBM going 'missing'.

They failed to produce indepentant medical evidence of their claims about mental health of all 5 members of the family- even though one may be dead.
They failed to produce evidence that large scale of the global population stopped looking for their daughter as a result of Sr Amarals book. First having failed to produce evidence that the global population was in fact looking in the first place.

They also failed to produce evidence of their chosen theory to thwart the PJ's theory or to prove theirs wrong. In fact it was ruled they failed by not being compliant with a reconstruction. Which they claimed would not find MBM ,but then neither would spending search money on PR and  lawyers , but hey...

 
So how was their good name affected? did they lose their jobs? become homeless?

Hell no! the exact opposite!


presumed innocent? they were while they were under investigation and arrested. There is no evidence to the contrary.

when were the mccanns arrested...that claim like the rest of your post is total.....

Online Eleanor

Re: McCanns appeal to the European Court of Human Rights
« Reply #3082 on: August 29, 2019, 08:41:47 PM »

The McCanns have never been arrested or charged, unlike Amaral.

Offline jassi

Re: McCanns appeal to the European Court of Human Rights
« Reply #3083 on: August 29, 2019, 08:45:59 PM »
The McCanns have never been arrested or charged, unlike Amaral.


I'm nt seeing the relevance to the topic of the ECHR
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 G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #3084 on: August 29, 2019, 08:46:47 PM »
It is so easy to get confused when mains  media use blinkered jargon and blatant hog wash to bamboozle the faithdul- not so much the-uninterested in justice for the McCanns - considering what the hell justice they are seeking?

Article 8 is not mentioned in the three court hearings. which it must be -to be considered. The SC ruled Amaral had no case to answer from the McCanns claims. ie they failed to produce any evidence which would lift the suspision/theory of the Pj at the time of MBM going 'missing'.

They failed to produce indepentant medical evidence of their claims about mental health of all 5 members of the family- even though one may be dead.
They failed to produce evidence that large scale of the global population stopped looking for their daughter as a result of Sr Amarals book. First having failed to produce evidence that the global population was in fact looking in the first place.

They also failed to produce evidence of their chosen theory to thwart the PJ's theory or to prove theirs wrong. In fact it was ruled they failed by not being compliant with a reconstruction. Which they claimed would not find MBM ,but then neither would spending search money on PR and  lawyers , but hey...

 
So how was their good name affected? did they lose their jobs? become homeless?

Hell no! the exact opposite!


presumed innocent? they were while they were under investigation and arrested. There is no evidence to the contrary.

I think their name was mud long before Amaral's book was published. As Kate McCann said, once they were made arguidos doors became closed to them. By the time the book appeared the UK press were reporting that they had been cleared, wasn't it? Is that why it upset them so much, by informing people why they were made arguidos? After all, they tried to sell it as a big mistake by incompetent foreigners.
Read and abide by the forum rules.
Result = happy posting.
Ignore and break the rules
Result = edits, deletions and unhappiness
http://miscarriageofjustice.co/index.php?board=2.0

Offline barrier

Re: McCanns appeal to the European Court of Human Rights
« Reply #3085 on: August 29, 2019, 08:48:42 PM »

I'm not seeing the relevance to the topic of the ECHR


Yep, its listed as McCann and Healy v Portugal.
This is my own private domicile and I shall not be harassed, biatch:Jesse Pinkman Character.

Offline Miss Taken Identity

Re: McCanns appeal to the European Court of Human Rights
« Reply #3086 on: August 29, 2019, 09:07:00 PM »

Yep, its listed as McCann and Healy v Portugal.

I think Jassi was talking about the relevence of Amaral being arrested via Elenors post.?

 Do we know he actual claim being made against Portugual?
'Never underestimate the power of stupid people'... George Carlin

Offline barrier

Re: McCanns appeal to the European Court of Human Rights
« Reply #3087 on: August 29, 2019, 09:12:49 PM »
I think Jassi was talking about the relevence of Amaral being arrested via Elenors post.?

 Do we know he actual claim being made against Portugual?


I'm in agreement on that.
Bolded bit,not really many speculate though.
This is my own private domicile and I shall not be harassed, biatch:Jesse Pinkman Character.

Online Eleanor

Re: McCanns appeal to the European Court of Human Rights
« Reply #3088 on: August 29, 2019, 09:14:57 PM »
I think Jassi was talking about the relevence of Amaral being arrested via Elenors post.?

 Do we know he actual claim being made against Portugual?

You stated that The McCanns had been arrested.  At best you are mistaken, but then you often are.

Offline Miss Taken Identity

Re: McCanns appeal to the European Court of Human Rights
« Reply #3089 on: August 29, 2019, 09:23:00 PM »
I think their name was mud long before Amaral's book was published. As Kate McCann said, once they were made arguidos doors became closed to them. By the time the book appeared the UK press were reporting that they had been cleared, wasn't it? Is that why it upset them so much, by informing people why they were made arguidos? After all, they tried to sell it as a big mistake by incompetent foreigners.

I was aware of many not being taken in by them due to their demeanour pre and post their daughters disappearance.

It fell further according to the papers allowing readers to comment. And then having it published. They over played the 'victim card' IMO
« Last Edit: August 30, 2019, 10:41:40 AM by Miss Taken Identity »
'Never underestimate the power of stupid people'... George Carlin