Author Topic: McCanns appeal to the European Court of Human Rights  (Read 530728 times)

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Offline Venturi Swirl

Re: McCanns appeal to the European Court of Human Rights
« Reply #3390 on: September 04, 2019, 11:14:25 AM »
He seems to have had the right to inform the public of the details and conclusions of the investigation up to 10th September 2007.
"Seemed to"?  What right did he have to continue promoting his conclusions (videos, interviews) after he was kicked off the case and after the case was shelved owing to the lack of evidence against the McCanns?
"Surely the fact that their accounts were different reinforces their veracity rather than diminishes it? If they had colluded in protecting ........ surely all of their accounts would be the same?" - Faithlilly

Offline jassi

Re: McCanns appeal to the European Court of Human Rights
« Reply #3391 on: September 04, 2019, 11:35:18 AM »
"Seemed to"?  What right did he have to continue promoting his conclusions (videos, interviews) after he was kicked off the case and after the case was shelved owing to the lack of evidence against the McCanns?

Every right, it would appear.  Who would be in the position to prevent him?
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 Venturi Swirl

Re: McCanns appeal to the European Court of Human Rights
« Reply #3392 on: September 04, 2019, 11:41:46 AM »
Every right, it would appear.  Who would be in the position to prevent him?
Well, in this country it would be the laws of the land.  In Portugal it seems anything goes, as long as it's not a judge or member of the judicial system being impugned. 
"Surely the fact that their accounts were different reinforces their veracity rather than diminishes it? If they had colluded in protecting ........ surely all of their accounts would be the same?" - Faithlilly

Offline jassi

Re: McCanns appeal to the European Court of Human Rights
« Reply #3393 on: September 04, 2019, 11:48:13 AM »
Well, in this country it would be the laws of the land.  In Portugal it seems anything goes, as long as it's not a judge or member of the judicial system being impugned.

The UK law doesn't apply. Chill and accept that fact.
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 #3394 on: September 04, 2019, 11:54:07 AM »
Doesn't matter what they were, answering or what the court expected them to prove.  The ECHR case us not an examination of the Portuguese hearings. 
It is simply a case which will examine whether the mccanns human rights were violated. It will.. Imo.. Look at the balance between article 10 and 8... And if course the mccanns right to the POI

There's nothing simple about it. If the correct procedures haven't been followed it won't be accepted.
Read and abide by the forum rules.
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Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #3395 on: September 04, 2019, 12:00:48 PM »
There's nothing simple about it. If the correct procedures haven't been followed it won't be accepted.

Simplicity is in the, eye of the beholder... Of course it won't be accepted if correct procedures haven't been followed .
The procedures are relatively simple from what I can see and we have no reason to believe they haven't.  If it had been  thrown out then as I understand a ruling would hace been made and ut would be searchable

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #3396 on: September 04, 2019, 12:01:57 PM »
The UK law doesn't apply. Chill and accept that fact.

But European law does

Offline Robittybob1

Re: McCanns appeal to the European Court of Human Rights
« Reply #3397 on: September 04, 2019, 12:23:14 PM »
Doesn't matter what they were, answering or what the court expected them to prove.  The ECHR case us not an examination of the Portuguese hearings. 
It is simply a case which will examine whether the mccanns human rights were violated. It will.. Imo.. Look at the balance between article 10 and 8... And if course the mccanns right to the POI
Are the articles you refer to the same as on this website https://www.un.org/en/universal-declaration-human-rights/index.html?

"Article 8.
 
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

"Article 10.
 
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
« Last Edit: September 04, 2019, 12:28:09 PM by Robittybob1 »
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Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #3398 on: September 04, 2019, 12:31:19 PM »
Are the articles you refer to the same as on this website https://www.un.org/en/universal-declaration-human-rights/index.html?

"Article 8.
 
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

"Article 10.
 
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

http://www.echr.coe.int/Documents/FS_Reputation_ENG.pdf

Offline Brietta

Re: McCanns appeal to the European Court of Human Rights
« Reply #3399 on: September 04, 2019, 12:35:17 PM »
According to Davel Amaral is very important in the process.

Without what in my opinion is Amaral's vindictive vendetta by means of book; interviews on tv and in the press; his documentary using proven seriously flawed argument against Kate and Gerry McCann there would have been no court case of any kind ultimately resulting in appeal to the ECHR.
If you like ... Amaral could be considered to be the catalyst and the whole raison d'être for much of the unnecessary controversy associated with Madeleine's disappearance and the naked hatred many feel free to express regarding any positive action taken on her behalf.

However he is in my opinion an irrelevance except as a footnote as far as the conduct of the Portuguese courts and judiciary is concerned ...  I think it is the result of their handiwork, not Amaral's, which will be the main focus in any forthcoming European Court of Human Rights case.
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline Robittybob1

Re: McCanns appeal to the European Court of Human Rights
« Reply #3400 on: September 04, 2019, 01:50:37 PM »
http://www.echr.coe.int/Documents/FS_Reputation_ENG.pdf
Don't you mean https://www.echr.coe.int/Documents/Convention_ENG.pdf    "European Convention of Human Rights"

OK these may have a different list of articles compared to the UN Convention of Human Rights.
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Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #3401 on: September 04, 2019, 02:19:02 PM »
Don't you mean https://www.echr.coe.int/Documents/Convention_ENG.pdf    "European Convention of Human Rights"

OK these may have a different list of articles compared to the UN Convention of Human Rights.

I know, exactly  what I mean.... The link I posted is explicitly Re balancing articles 8 and 10..
Which is precisely what the SC in Portugal attempted to do

Offline Robittybob1

Re: McCanns appeal to the European Court of Human Rights
« Reply #3402 on: September 04, 2019, 02:33:30 PM »
I know, exactly  what I mean.... The link I posted is explicitly Re balancing articles 8 and 10..
Which is precisely what the SC in Portugal attempted to do
Well I asked you a question "Are the articles you refer to the same as on this website https://www.un.org/en/universal-declaration-human-rights/index.html?"  One would think your response would help to answer that question. 
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Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #3403 on: September 04, 2019, 02:42:59 PM »
Well I asked you a question "Are the articles you refer to the same as on this website https://www.un.org/en/universal-declaration-human-rights/index.html?"  One would think your response would help to answer that question.
I think the fact that I was helpful enough to repost the link I was referring to would realise that your link was not the one I had found my information from.
As I said... My link is to an ECHR set of cases dealing with exactly the question the SC was trying to answer... Exactly what the, ECHR will be considering... Imo... In the McCann case

Offline Robittybob1

Re: McCanns appeal to the European Court of Human Rights
« Reply #3404 on: September 04, 2019, 02:45:39 PM »
I think the fact that I was helpful enough to repost the link I was referring to would realise that your link was not the one I had found my information from.
As I said... My link is to an ECHR set of cases dealing with exactly the question the SC was trying to answer... Exactly what the, ECHR will be considering... Imo... In the McCann case
OK  No problems, so that whole paper was just about those two articles!
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