McCanns appeal to the European Court of Human Rights

[Mr Gray]

You won't need to if you become conscious of not using ad hom arguments.

I havent used any ad hom argumnets

[Robittybob1]

I havent used any ad hom arguments

Keep up the good work then.

[G-Unit]

He shouldn't write about it if it is defamatory... It's a simple as that... The mccanns theory is not defamatory.

The official investigation never claimed it could prove maddie was not abducted and died in the apartment....and her death was covered up and an abduction simulated

Did the McCann's lawyer raise that point in the courts?

[Mr Gray]

Did the McCann's lawyer raise that point in the courts?

From what I have read they don't need to raise specific points.. Just that by allowing amaral to make his claims un his book and documentary they were denied the POI and his claims affected their right to reputation

[Eleanor]

If that is the case you should be badgering Eleanor to moderate G-unit not me.   All I asked was for you to be careful not to present "ad hom" arguments.

I try really hard not to Moderate anyone.  You could try the same thing.

[Robittybob1]

I try really hard not to Moderate anyone.  You could try the same thing.

Largely it is the same,  I try to teach the posters more than reprimand them.

[Eleanor]

Largely it is the same,  I try to teach the posters more than reprimand them.

In that case you have an over inflated opinion of your ability.

[Robittybob1]

In that case you have an over inflated opinion of your ability.

No way.  Davel is coming right slowly.  I see he is trying hard to spell correctly and the use way less ellipses.

[G-Unit]

From what I have read they don't need to raise specific points.. Just that by allowing amaral to make his claims un his book and documentary they were denied the POI and his claims affected their right to reputation

From what I have read those who accuse must prove the truth of their accusations.

[Venturi Swirl]

From what I have read those who accuse must prove the truth of their accusations.

Oh the irony!

[Mr Gray]

From what I have read those who accuse must prove the truth of their accusations.

In the case vs Finland I have quoted...... The accused did not have to orive their innocence... They were entitled to thr presumption of innocence

[Brietta]

In the case vs Finland I have quoted...... The accused did not have to orive their innocence... They were entitled to thr presumption of innocence

Which is after all a basic human right.  Whether or not the McCanns have been denied that right by the Portuguese courts of appeal is for the European Court to determine.
There would appear to be a strenuous defence of the interpretation made of, in particular, the McCann right to the presumption of innocence as laid down by the highest Portuguese appeal court by some posters here.
Certainly the McCann right to present a case in defence of their human rights has been fought in spirit by what I find is the resentful tone of many of the posts on this thread.  Which I find extraordinary given that we are a forum that could be expected to stand for the rights of the individual v the abuse of States.

Congratulations Davel on your meticulous research giving examples of defence of the principals outlined by the cases which have been resolved by the European Court in the favour of the rights of individuals. 

[G-Unit]

In the case vs Finland I have quoted...... The accused did not have to orive their innocence... They were entitled to thr presumption of innocence

The victims didn't bring the case in the civil court as the McCannns did, it was a criminal case;;

the public prosecutor brought charges for aggravated defamation against the first applicant, the editor-in-chief of the applicant company, and the second applicant, the journalist. The baseball team pursued a compensation claim against all the applicants, which was joined to the criminal charges
https://lovdata.no/static/EMDN/emd-2006-045130.pdf

The onus in that case was on the public prosecutor to prove the case, not on those who were harmed.

[The General]

The victims didn't bring the case in the civil court as the McCannns did, it was a criminal case;;

the public prosecutor brought charges for aggravated defamation against the first applicant, the editor-in-chief of the applicant company, and the second applicant, the journalist. The baseball team pursued a compensation claim against all the applicants, which was joined to the criminal charges
https://lovdata.no/static/EMDN/emd-2006-045130.pdf

The onus in that case was on the public prosecutor to prove the case, not on those who were harmed.

We're quite fortunate to have at least one forum member who has an accurate grasp of law and due process.
Excellent research and explanation, as usual.

[carlymichelle]

We're quite fortunate to have at least one forum member who has an accurate grasp of law and due process.
Excellent research and explanation, as usual.

not   biased   either  ..........