Author Topic: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.  (Read 56334 times)

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Offline barrier

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #300 on: May 31, 2021, 08:09:08 PM »
https://www.thesun.co.uk/news/15116470/madeleine-mccann-parents-legal-battle-cop/
Nick Pisa
23:30, 30 May 2021Updated: 23:32, 30 May 2021
MADELEINE McCann's parents have been told they will find out this year if they have won their legal battle against ex-cop Goncalo Amaral.

Kate and Gerry took action against Amaral, 61, for his slurs in book The Truth of the Lie.

He claimed the devastated couple were responsible for Madeleine’s disappearance in 2007.

The pair initially took the case to court in ­Portugal and won, but then lost an appeal.

They lodged a fresh case at the European Court of Human Rights in 2017.

ECHR judges wrote to the Portuguese government and the McCanns asking for “observations” and if they would consider settling out of court.

The McCann legal team said they were willing to settle but Portugal refused their offer.


The judges will now give a verdict by the end of the year.

-----------------------------------------------------------------------------------------------------
The appeal has now progressed to the contentious phase.

Given the talks are supposed to be cloaked in confidentiality, how come the Sun knows the state of play, join the dots.
« Last Edit: May 31, 2021, 08:16:33 PM by barrier »
This is my own private domicile and I shall not be harassed, biatch:Jesse Pinkman Character.

Offline barrier

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #301 on: May 31, 2021, 08:16:02 PM »
Are the documents detailing the complaint submitted and the ruling anywhere online?

Not on the hudoc site, or here.





This is my own private domicile and I shall not be harassed, biatch:Jesse Pinkman Character.

Offline Carana

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #302 on: June 02, 2021, 08:14:03 PM »
Not on the hudoc site, or here.




Thanks for trying. I haven't had any luck, either.

Offline Carana

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #303 on: June 05, 2021, 06:20:06 PM »
With thanks to a kind soul elsewhere...

Mccann case against Portugal.

Communicated on January 14, 2021

Posted on February 1, 2021

FOURTH SECTION

Application no.57195 / 17
Gerald Patrick MCCANN and Kate Marie HEALY
against Portugal
lodged on July 28, 2017

SUBJECT OF THE CASE

The request concerns allegations made by GA, a former inspector of the judicial police, in a book and a documentary broadcast on the television channel T., then put on sale in the form of a DVD, about the involvement of the applicants in the disappearance of their daughter, which occurred on 3 May 2007 in the south of Portugal. It also concerns the civil liability action brought by the applicants against GA, its publisher and the T. television channel, after which they were dismissed.

Relying on Articles 6 §§ 1 and 2, 8 and 10 § 2 of the Convention, the applicants assert that the allegations made by GA in the book and the documentary in question infringed their right to respect for their private life and their right to the presumption of innocence. They complain that the domestic courts failed to weigh the interests at stake in accordance with the criteria set out in the Court's case-law.

Furthermore, still from the point of view of Articles 6 §§ 1 and 2, 8 and 10 § 2 of the Convention, they argue that the reasoning contained in the decisions delivered on 31 January and 21 March 2017 by the Supreme Court in the outcome of the civil liability action also violated their right to the presumption of innocence.

QUESTIONS TO THE PARTIES

1. Was there an infringement of the applicants' right to respect for their private life, within the meaning of Article 8 § 1 of the Convention (see, Axel Springer AG v. Germany [GC], no. , § 83, 7 February 2012; and Larrañaga Arando and Others v. Spain (dec.), Nos 73911/16, 233/17 3086/17 and 5155/17, § 42, 25 June 2019) in particular with regard to the allegations made by GA in the litigious book and documentary?

In particular, did the respondent State comply with its positive obligations aimed at guaranteeing the applicants the right to respect for their “private life”, within the meaning of Article 8 of the Convention?

Furthermore, in their decisions, did the domestic courts carry out an adequate balance, in accordance with the criteria established by the Court's case-law, between the applicants' right to respect for their private life and the right of the parties? opponents of freedom of expression (see, Von Hannover (no 2) [GC], nos 40660/08 and 60641/08, §§ 108-113, ECHR 2012, Axel Springer AG, cited above, §§ 89-95, and Bédat v. Switzerland [GC], no 56925/08, §§ 52-54, ECHR 2016)?

2. Has the presumption of innocence guaranteed by Article 6 § 2 of the Convention been respected in the present case having regard to the reasoning contained in the decisions delivered on 31 January and 21 March 2017 by the Supreme Court (see, Allen v. The United Kingdom [GC], no 25424/09, § 94, ECHR 2013)?

https://webcache.googleusercontent.com/search?q=cache:pzfiYKKRNd0J:https://www.doctrine.fr/d/CEDH/HFCOM/COMMUNICATEDCASES/2021/CEDH001-207898+&cd=4&hl=en&ct=clnk&gl=uk


Offline Mr Gray

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #304 on: June 05, 2021, 06:31:02 PM »
With thanks to a kind soul elsewhere...

Mccann case against Portugal.

Communicated on January 14, 2021

Posted on February 1, 2021

FOURTH SECTION

Application no.57195 / 17
Gerald Patrick MCCANN and Kate Marie HEALY
against Portugal
lodged on July 28, 2017

SUBJECT OF THE CASE

The request concerns allegations made by GA, a former inspector of the judicial police, in a book and a documentary broadcast on the television channel T., then put on sale in the form of a DVD, about the involvement of the applicants in the disappearance of their daughter, which occurred on 3 May 2007 in the south of Portugal. It also concerns the civil liability action brought by the applicants against GA, its publisher and the T. television channel, after which they were dismissed.

Relying on Articles 6 §§ 1 and 2, 8 and 10 § 2 of the Convention, the applicants assert that the allegations made by GA in the book and the documentary in question infringed their right to respect for their private life and their right to the presumption of innocence. They complain that the domestic courts failed to weigh the interests at stake in accordance with the criteria set out in the Court's case-law.

Furthermore, still from the point of view of Articles 6 §§ 1 and 2, 8 and 10 § 2 of the Convention, they argue that the reasoning contained in the decisions delivered on 31 January and 21 March 2017 by the Supreme Court in the outcome of the civil liability action also violated their right to the presumption of innocence.

QUESTIONS TO THE PARTIES

1. Was there an infringement of the applicants' right to respect for their private life, within the meaning of Article 8 § 1 of the Convention (see, Axel Springer AG v. Germany [GC], no. , § 83, 7 February 2012; and Larrañaga Arando and Others v. Spain (dec.), Nos 73911/16, 233/17 3086/17 and 5155/17, § 42, 25 June 2019) in particular with regard to the allegations made by GA in the litigious book and documentary?

In particular, did the respondent State comply with its positive obligations aimed at guaranteeing the applicants the right to respect for their “private life”, within the meaning of Article 8 of the Convention?

Furthermore, in their decisions, did the domestic courts carry out an adequate balance, in accordance with the criteria established by the Court's case-law, between the applicants' right to respect for their private life and the right of the parties? opponents of freedom of expression (see, Von Hannover (no 2) [GC], nos 40660/08 and 60641/08, §§ 108-113, ECHR 2012, Axel Springer AG, cited above, §§ 89-95, and Bédat v. Switzerland [GC], no 56925/08, §§ 52-54, ECHR 2016)?

2. Has the presumption of innocence guaranteed by Article 6 § 2 of the Convention been respected in the present case having regard to the reasoning contained in the decisions delivered on 31 January and 21 March 2017 by the Supreme Court (see, Allen v. The United Kingdom [GC], no 25424/09, § 94, ECHR 2013)?

https://webcache.googleusercontent.com/search?q=cache:pzfiYKKRNd0J:https://www.doctrine.fr/d/CEDH/HFCOM/COMMUNICATEDCASES/2021/CEDH001-207898+&cd=4&hl=en&ct=clnk&gl=uk

So all those saying Amaral would not feature are wrong... As I claimed from the start.... And the infringment is the presumption of innocence and the balance between articles 8 and 10...as I said from the start

Offline Brietta

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #305 on: June 05, 2021, 07:53:02 PM »
With thanks to a kind soul elsewhere...

Mccann case against Portugal.

Communicated on January 14, 2021

Posted on February 1, 2021

FOURTH SECTION

Application no.57195 / 17
Gerald Patrick MCCANN and Kate Marie HEALY
against Portugal
lodged on July 28, 2017

SUBJECT OF THE CASE

The request concerns allegations made by GA, a former inspector of the judicial police, in a book and a documentary broadcast on the television channel T., then put on sale in the form of a DVD, about the involvement of the applicants in the disappearance of their daughter, which occurred on 3 May 2007 in the south of Portugal. It also concerns the civil liability action brought by the applicants against GA, its publisher and the T. television channel, after which they were dismissed.

Relying on Articles 6 §§ 1 and 2, 8 and 10 § 2 of the Convention, the applicants assert that the allegations made by GA in the book and the documentary in question infringed their right to respect for their private life and their right to the presumption of innocence. They complain that the domestic courts failed to weigh the interests at stake in accordance with the criteria set out in the Court's case-law.

Furthermore, still from the point of view of Articles 6 §§ 1 and 2, 8 and 10 § 2 of the Convention, they argue that the reasoning contained in the decisions delivered on 31 January and 21 March 2017 by the Supreme Court in the outcome of the civil liability action also violated their right to the presumption of innocence.

QUESTIONS TO THE PARTIES

1. Was there an infringement of the applicants' right to respect for their private life, within the meaning of Article 8 § 1 of the Convention (see, Axel Springer AG v. Germany [GC], no. , § 83, 7 February 2012; and Larrañaga Arando and Others v. Spain (dec.), Nos 73911/16, 233/17 3086/17 and 5155/17, § 42, 25 June 2019) in particular with regard to the allegations made by GA in the litigious book and documentary?

In particular, did the respondent State comply with its positive obligations aimed at guaranteeing the applicants the right to respect for their “private life”, within the meaning of Article 8 of the Convention?

Furthermore, in their decisions, did the domestic courts carry out an adequate balance, in accordance with the criteria established by the Court's case-law, between the applicants' right to respect for their private life and the right of the parties? opponents of freedom of expression (see, Von Hannover (no 2) [GC], nos 40660/08 and 60641/08, §§ 108-113, ECHR 2012, Axel Springer AG, cited above, §§ 89-95, and Bédat v. Switzerland [GC], no 56925/08, §§ 52-54, ECHR 2016)?

2. Has the presumption of innocence guaranteed by Article 6 § 2 of the Convention been respected in the present case having regard to the reasoning contained in the decisions delivered on 31 January and 21 March 2017 by the Supreme Court (see, Allen v. The United Kingdom [GC], no 25424/09, § 94, ECHR 2013)?

https://webcache.googleusercontent.com/search?q=cache:pzfiYKKRNd0J:https://www.doctrine.fr/d/CEDH/HFCOM/COMMUNICATEDCASES/2021/CEDH001-207898+&cd=4&hl=en&ct=clnk&gl=uk

Thanks Carana.

Just a waiting game from now on.  I think it is so sad that things have dragged on for as long as they have over a situation which could have been prevented had Amaral chosen either not to have written his book or had chosen to write a different type of book.
"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 Carana

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #306 on: June 05, 2021, 08:10:51 PM »
So all those saying Amaral would not feature are wrong... As I claimed from the start.... And the infringment is the presumption of innocence and the balance between articles 8 and 10...as I said from the start

How does the presumption of innocence come into play when they were never charged in the first place?

Offline Brietta

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #307 on: June 05, 2021, 08:15:14 PM »
So all those saying Amaral would not feature are wrong... As I claimed from the start.... And the infringement is the presumption of innocence and the balance between articles 8 and 10...as I said from the start

I never doubted you, Davel, you have kept us up to speed with your analysis of the probabilities despite the naysayers contradicting you every step of the way with their predictions, all of which have proved wrong.
"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 Brietta

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #308 on: June 05, 2021, 08:27:57 PM »
How does the presumption of innocence come into play when they were never charged in the first place?

I don't think it should ever have been brought into play as the McCann's were innocent as soon as there was no evidence to support charges being brought against them.

Similarly for Robert Murat.

I think it was the Supreme Court Judges who called their innocence into question and that was probably the catalyst for the McCanns referral to the ECHR.
Although Amaral in my opinion has denied their presumption of innocence from start to finish I think the judges' ruling is the clincher as far as dropping the Portuguese State into it is concerned.
"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 Mr Gray

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #309 on: June 05, 2021, 08:39:23 PM »
How does the presumption of innocence come into play when they were never charged in the first place?

They dont have to be charged... They are entitled to the presumption of innocence as suspects... You dont really think their lawyers would make such a basic error surely

Offline G-Unit

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #310 on: June 05, 2021, 09:36:17 PM »
How does the presumption of innocence come into play when they were never charged in the first place?

It was brought into play by Isabel Duarte during the 'libel trial' and it therefore forms part of this application to the ECHR. It remains to be seen if it will be seen as admissible by them.
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Offline Mr Gray

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #311 on: June 05, 2021, 09:53:35 PM »
It was brought into play by Isabel Duarte during the 'libel trial' and it therefore forms part of this application to the ECHR. It remains to be seen if it will be seen as admissible by them.
I seem to remember you claiming the presumption of innocence did not apply in a civil case.. Did the SC also make that claim.. You will find it does apply

Offline G-Unit

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #312 on: June 05, 2021, 11:07:04 PM »
I seem to remember you claiming the presumption of innocence did not apply in a civil case.. Did the SC also make that claim.. You will find it does apply

It isn't a protection applied to civil cases, just to criminal cases.

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Ignore and break the rules
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Offline misty

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #313 on: June 06, 2021, 12:31:52 AM »
It isn't a protection applied to civil cases, just to criminal cases.

That's not strictly true.

Allen v UK
25424/09

From the Grand Chamber...
*snipped*

2.  The Court’s assessment

(a)  General principles

(i)  Introduction

92.  The object and purpose of the Convention, as an instrument for the protection of human beings, requires that its provisions be interpreted and applied so as to make its safeguards practical and effective (see, inter alia, Soering v. the United Kingdom, 7 July 1989, § 87, Series A no. 161, and Al‑Skeini and Others v. the United Kingdom [GC], no. 55721/07, § 162, ECHR 2011). The Court has expressly stated that this applies to the right enshrined in Article 6 § 2 (see, for example, Allenet de Ribemont v. France, 10 February 1995, § 35, Series A no. 308, and Capeau, cited above, § 21).

93.  Article 6 § 2 safeguards the right to be “presumed innocent until proved guilty according to law”. Viewed as a procedural guarantee in the context of a criminal trial itself, the presumption of innocence imposes requirements in respect of, inter alia, the burden of proof (see Barberà, Messegué and Jabardo v. Spain, 6 December 1988, § 77, Series A no. 146, and Telfner v. Austria, no. 33501/96, § 15, 20 March 2001); legal presumptions of fact and law (see Salabiaku v. France, 7 October 1988, § 28, Series A no. 141‑A, and Radio France and Others v. France, no. 53984/00, § 24, ECHR 2004‑II); the privilege against self-incrimination (see Saunders v. the United Kingdom, 17 December 1996, § 68, Reports of Judgments and Decisions 1996‑VI, and Heaney and McGuinness v. Ireland, no. 34720/97, § 40, ECHR 2000‑XII); pre-trial publicity (see Akay v. Turkey (dec.), no. 34501/97, 19 February 2002, and G.C.P. v. Romania, no. 20899/03, § 46, 20 December 2011); and premature expressions, by the trial court or by other public officials, of a defendant’s guilt (see Allenet de Ribemont, cited above, §§ 35-36, and Nešťák v. Slovakia, no. 65559/01, § 88, 27 February 2007).

94.  However, in keeping with the need to ensure that the right guaranteed by Article 6 § 2 is practical and effective, the presumption of innocence also has another aspect. Its general aim, in this second aspect, is to protect individuals who have been acquitted of a criminal charge, or in respect of whom criminal proceedings have been discontinued, from being treated by public officials and authorities as though they are in fact guilty of the offence charged. In these cases, the presumption of innocence has already operated, through the application at trial of the various requirements inherent in the procedural guarantee it affords, to prevent an unfair criminal conviction being imposed. Without protection to ensure respect for the acquittal or the discontinuation decision in any other proceedings, the fair-trial guarantees of Article 6 § 2 could risk becoming theoretical and illusory. What is also at stake once the criminal proceedings have concluded is the person’s reputation and the way in which that person is perceived by the public. To a certain extent, the protection afforded under Article 6 § 2 in this respect may overlap with the protection afforded by Article 8 (see, for example, Zollman v. the United Kingdom (dec.), no. 62902/00, ECHR 2003‑XII, and Taliadorou and Stylianou v. Cyprus, nos. 39627/05 and 39631/05, §§ 27 and 56-59, 16 October 2008).

Offline misty

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #314 on: June 06, 2021, 12:52:07 AM »
Thanks Carana.

Just a waiting game from now on.  I think it is so sad that things have dragged on for as long as they have over a situation which could have been prevented had Amaral chosen either not to have written his book or had chosen to write a different type of book.

IMO if the victim had not been a UK citizen, neither Cristovao nor Amaral would have had the vast amount of material, which attracted the interest of the public,  to warrant publication of a book on the case.