No you are wrong if you remember the case I quoted from Finland vs ECHR
The case where an editor and a jounalist of a magazine were charged with and convicted of aggravated defamation?
In other words they were convicted of a criminal not a civil offense.
The ECHR upheld the findings of the Finnish courts because the magazine story, printed as fact, lacked supporting evidence.
The ECHR mentioned the presumption of innocence because the article says the baseball players did the crime, which would harm a trial if ever one took place .They didn't act on that because it wasn't part of the application, they just pointed it out.
https://lovdata.no/static/EMDN/emd-2006-045130.pdfThe case was very different to the McCann case. It hadn't been widely reported, no investigation had taken place and so no files had been released. Amaral used the evidence gathered by an official investigation and his
conclusion matched that of the investigation as at 10th Deptember 2007.