Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.

[Angelo222]

If the McCanns did end up at the ECHR what might they achieve? Monetary awards are most often between 1,000 and 8,000 Euros. It can't overturn a decision, but it can order a retrial (please, no!) sometimes.

If the Court finds that there has been a violation, it may award you
“just satisfaction”, a sum of money in compensation for certain
forms of damage. The Court may also require the State concerned
to refund the expenses you have incurred in presenting your case.
If the Court finds that there has been no violation, you will not
have to pay any additional costs (such as those incurred by the
respondent State).

Please note:
" The Court is not empowered to overrule national decisions
or annul national laws.
" The Court is not responsible for the execution of its judgments.
As soon as it has given judgment, responsibility passes to
the Committee of Ministers3 of the Council of Europe, which
has the task of supervising execution and ensuring that any
compensation is paid.
The Court does not act as a court of appeal in relation to national
courts; it does not rehear cases, it cannot quash, vary or revise
their decisions.
" The Court will not intercede directly on your behalf with
the authority you are complaining about. In exceptional
circumstances the Court may, however, grant interim measures.
As a matter of practice it only does so where there is a serious
risk of physical harm to the applicant
http://www.echr.coe.int/Pages/home.aspx?p=applicants

That's right, monetary gain is not what the ECHR are about.

[slartibartfast]

If the McCanns did end up at the ECHR what might they achieve? Monetary awards are most often between 1,000 and 8,000 Euros. It can't overturn a decision, but it can order a retrial (please, no!) sometimes.

If the Court finds that there has been a violation, it may award you
“just satisfaction”, a sum of money in compensation for certain
forms of damage. The Court may also require the State concerned
to refund the expenses you have incurred in presenting your case.
If the Court finds that there has been no violation, you will not
have to pay any additional costs (such as those incurred by the
respondent State).

Please note:
" The Court is not empowered to overrule national decisions
or annul national laws.
" The Court is not responsible for the execution of its judgments.
As soon as it has given judgment, responsibility passes to
the Committee of Ministers3 of the Council of Europe, which
has the task of supervising execution and ensuring that any
compensation is paid.
The Court does not act as a court of appeal in relation to national
courts; it does not rehear cases, it cannot quash, vary or revise
their decisions.
" The Court will not intercede directly on your behalf with
the authority you are complaining about. In exceptional
circumstances the Court may, however, grant interim measures.
As a matter of practice it only does so where there is a serious
risk of physical harm to the applicant
http://www.echr.coe.int/Pages/home.aspx?p=applicants

Thanks GU, very useful. So all the asylum and deportation cases fall under he last paragraph.

[John]

So the question on what grounds could the mccanns appeal to that court ?

Probably Article 8 which provides a right to respect for one's private and family life.  The €500,000 damages claim is dead and gone now though unless the Supreme Court decides otherwise.

[slartibartfast]

Probably Article 8 which provides a right to respect for one's private and family life.  The €500,000 damages claim is dead and gone now though unless the Supreme Court decides otherwise.

Though unless you respect your own private and family life, it's difficult to expect others to.

[stephen25000]

Probably Article 8 which provides a right to respect for one's private and family life.  The €500,000 damages claim is dead and gone now though unless the Supreme Court decides otherwise.

However, the McCann's have done everything they can to bring themselves and hence their children Indirectly, and named in the civil case, into the public arena.

So where would that leave the McCann's and section 8 ?

[Mr Gray]

There is the right to a good name and there can be no doubt that amaral has trashed their reputation . His right to free speech carries responsibilities which he has ignored. That may well be where their case lies
No one on here understands the intricacies of the ECHR
They may well have a case
No one can say they haven't
We will see

[stephen25000]

There is the right to a good name and there can be no doubt that amaral has trashed their reputation . His right to free speech carries responsibilities which he has ignored. That may well be where their case lies
No one on here understands the intricacies of the ECHR
They may well have a case
No one can say they haven't
We will see

Read the judgement from 13  days ago.

That is already dealt with.

Now tell me, do you seriously imagine the McCann's can take the state of Portugal to that court and win ?

[Mr Gray]

Read the judgement from 13  days ago.

That is already dealt with.

Now tell me, do you seriously imagine the McCann's can take the state of Portugal to that court and win ?

As I said no one here understands the ECHR
And yes
They certainly can take Portugal to the ECHR and win

[stephen25000]

As I said no one here understands the ECHR
And yes
They certainly can take Portugal to the ECHR and win

No chance.

[Mr Gray]

No chance.

You have absolutely no knowledge of the court
It is certainly a possibility

Have you heard of Anders Breivik
Probably not

[stephen25000]

You have absolutely no knowledge of the court
It is certainly a possibility

Have you heard of Anders Breivik
Probably not

..and how exactly are the circumstances of the mccanns and a lunatic mass killer connected ?

Would this help ?

http://www.theguardian.com/world/2016/apr/26/norway-launches-appeal-against-anders-breiviks-human-right-decision

..and yes dave, I have heard of the psychotic mass killer.

[Mr Gray]

..and how exactly are the circumstances of the mccanns and a lunatic mass killer connected ?

Would this help ?

http://www.theguardian.com/world/2016/apr/26/norway-launches-appeal-against-anders-breiviks-human-right-decision

..and yes dave, I have heard of the psychotic mass killer.

The connection is the EVHR

[ferryman]

There is still the chance that the Portuguese Supreme Court will set right this aberrant bout of fascist flatulence by the Portuguese judiciary and restore the (perfectly proper) judgement of the court of first-instance.

But if that doesn't happen, then we can talk about the ECHR

[stephen25000]

There is still the chance that the Portuguese Supreme Court will set right this aberrant bout of fascist flatulence by the Portuguese judiciary and restore the (perfectly proper) judgement of the court of first-instance.

But if that doesn't happen, then we can talk about the ECHR

The Portuguese Court abided by Portuguese Law.

[ChloeR]

That's right, monetary gain is not what the ECHR are about.

As such, I cannot see them going down that route.

Happy to be surprised though, but really doubt it.