McCanns appeal to the European Court of Human Rights

[kizzy]

No.  It's an example of how a book can add to the distress and anguish of parents who are already suffering from the loss of their child.

No Nothing can be worse than a loss of a child

[Mr Gray]

No Nothing can be worse than a loss of a child

I think you have missed the point and are stating your opinion as fact

[G-Unit]

No.  It's an example of how a book can add to the distress and anguish of parents who are already suffering from the loss of their child.

According to the first judgement, however, the damages claimed were not proved to have been caused by his actions. The McCanns claimed he caused them, not that he added to them.

FACTS NOT PROVEN

i) that because of the defendant Goncalo Amaral's statements in the book, the documentary and the interview with the Correio da Manha, the Judicial Police had ceased to collect information and to investigate the disappearance of Madeleine McCann,

j) that because of the defendant Goncalo Amaral's statements in the book, the documentary and the interview with the Correio da Manha, the claimants Kate and Gerald McCann find themselves completely destroyed, from a point of vie moral, social, ethical, sentimental, family, far beyond the pain that the absence of his daughter causes them,

k) that in particular because of the defendant Goncalo Amaral's statements in the book, the documentary and the interview with the Correio da Manha, the claimant Kate McCann finds herself immersed in a serious and deep depression, which has already made her declare publicly I'd like to be in a coma, to relieve pain,
http://miscarriageofjustice.co/index.php?topic=6307.msg239344#msg239344

[jassi]

I reckon that if you are already at rock bottom over the loss of your child, then you can't go any lower.

[Mr Gray]

According to the first judgement, however, the damages claimed were not proved to have been caused by his actions. The McCanns claimed he caused them, not that he added to them.

FACTS NOT PROVEN

i) that because of the defendant Goncalo Amaral's statements in the book, the documentary and the interview with the Correio da Manha, the Judicial Police had ceased to collect information and to investigate the disappearance of Madeleine McCann,

j) that because of the defendant Goncalo Amaral's statements in the book, the documentary and the interview with the Correio da Manha, the claimants Kate and Gerald McCann find themselves completely destroyed, from a point of vie moral, social, ethical, sentimental, family, far beyond the pain that the absence of his daughter causes them,

k) that in particular because of the defendant Goncalo Amaral's statements in the book, the documentary and the interview with the Correio da Manha, the claimant Kate McCann finds herself immersed in a serious and deep depression, which has already made her declare publicly I'd like to be in a coma, to relieve pain,
http://miscarriageofjustice.co/index.php?topic=6307.msg239344#msg239344

This has nothing to do with the ECHR claim...

[Mr Gray]

I reckon that if you are already at rock bottom over the loss of your child, then you can't go any lower.

No but what happens is as time goes by things do get better. However if you are continually harassed recovery is delayed

[kizzy]

I think you have missed the point and are stating your opinion as fact

No, you have missed the point.



the claimants Kate and Gerald McCann felt anger, despair, anguish, worry, and were suffering insomnia and lack of appetite (n°13)

What point are you trying to make seems its they had resigned to the fact of losing Maddie not knowing what happened to her imo ...but the book started it all up again.

How can you blame a book for symptoms they already should have had.

Seems SC thought the same anyway.

[Venturi Swirl]

No Nothing can be worse than a loss of a child

Yes it can.  Have a child go missing and then be accused of lying about the circumstances, hiding the body, digging it up and transporting the mouldering corpse weeks later in the back of the car, all the while not knowing if your child is actually still alive and findable but knowing that the police have long since given up looking for her.  THAT is worse.

[kizzy]

No but what happens is as time goes by things do get better. However if you are continually harassed recovery is delayed

FGS it was a year after Maddie went missing so it seems you think they were getting over it.

Yet they are still not over the book after thirteen years .WOW

[Venturi Swirl]

No, you have missed the point.



the claimants Kate and Gerald McCann felt anger, despair, anguish, worry, and were suffering insomnia and lack of appetite (n°13)

What point are you trying to make seems its they had resigned to the fact of losing Maddie not knowing what happened to her imo ...but the book started it all up again.

How can you blame a book for symptoms they already should have had.

Seems SC thought the same anyway.

Imagine one of your kids disappears.  You have no idea what happened to them.  You are anguished, inconsolable, can't sleep, can't eat, in the pits of despair.  Weeks and months go by.  You feel no less anguished but you have learned to live with the torment and are functioning again as best you can.  Then, the ex-cop who was working on the case decides to write a book about the disappearance placing you as the villains of the piece, the person who made your child disappear, who covered up her death.  Are you claiming that his actions would not trouble you in the slightest?  That as it climbed the best sellers list and the author was appearing on TV adding further suspicions and allegations that it would all be water off a duck's back for you?  Because if you say it would not add in any way to your anguish I think you are not being very honest. 

[Mr Gray]

FGS it was a year after Maddie went missing so it seems you think they were getting over it.

Yet they are still not over the book after thirteen years .WOW

Not sure why I bother responding to your posts. The thread topic is thrECHR

[Mr Gray]

Note to mods the topic is the appeal to the ECHR... Or is it to be just another McCann bashing thread.

[kizzy]

Yes it can.  Have a child go missing and then be accused of lying about the circumstances, hiding the body, digging it up and transporting the mouldering corpse weeks later in the back of the car, all the while not knowing if your child is actually still alive and findable but knowing that the police have long since given up looking for her.  THAT is worse.

 THAT is worse.

Nothing can be worse than allegedly fiding your 3-year-old child gone.

That could only be IMO if you hadn't found your 3-year-old child gone.

[G-Unit]

This has nothing to do with the ECHR claim...

It demonstrates why the higher Portuguese courts overturned the judgement handed down by the judge of the first instance. They agreed with what Amaral said. His freedom of expression was not limited, he didn't interfere with the McCann's private lives or reputations, he didn't endanger their right to the presumption of innocence, and he wasn't proved to have caused any other damage to them.

[Mr Gray]

It demonstrates why the higher Portuguese courts overturned the judgement handed down by the judge of the first instance. They agreed with what Amaral said. His freedom of expression was not limited, he didn't interfere with the McCann's private lives or reputations, he didn't endanger their right to the presumption of innocence, and he wasn't proved to have caused any other damage to them.

The ECHR claim can only be concerned with the balance between articles 8 and 10 and the POI. Nothing else.. Nothing to do with the McCanns being affected and depressed by the book... I thought you would realise that