1.2. In the appealed acórdão the following facts are considered proven :
1. The applicants Gerald McCann and Kate (sic) are married to each other.
2. The applicant Madeleine McCann was born on 12.5.2003 , daughter of Kate McCann and Gerald McCann.
3. The applicant Sean McCann was born on 1/2/2005, son of Kate McCann and Gerald McCann.
4. The applicant Amelie McCann was born on 1/2/2005 , daughter of Kate McCann and Gerald McCann.
5. The applicant Madeleine McCann has been missing since 3/5/2007 , resulting in the criminal investigation n° 201/07.0 GALGS, opened by the prosecutor of Portimão.
6. The dogs Eddie and Keela, from the British police, have detected human blood and cadaver scent in the apartment 5A of the Ocean Club.
7. The dogs Eddie and Keela, from the British police, have detected human blood and cadaver scent in the vehicle rented by the applicants Kate McCann and Gerald McCann after Madeleine's disappearance.
8. The applicants Kate McCann and Gerald McCann were constituted (by lawyer) assisted witnesses (arguidos) in the criminal investigation.
9. On 10/9/2007 (pp. 2587-2602 of the criminal investigation), Chief-Inspector Tavares de Almeida wrote a report and particularly the following :
"Given what we could establish, the facts point towards the death of Madeleine McCann during the evening of May 3 2007, in the apartment 5A of Praia da Luz Ocean Club resort, occupied by the McCann couple and their three children (p. 2599) (... )
Could any of my critics...including John...expalin why facts 6 and 7 were considered proven......and why the mccanns lawyers never questioned them.
These were the facts presented to the ECHR and on whcih their judgement was based. its not the ECHRs job to question the accepted fcats in the case...its not their role to act as a 4th court and retry the case.
Based on the proven facts the ECHR had no option other than to rule in Amarals favour