Portuguese judicial secrecy laws explained.

[Carana]

Do Portuguese judicial secrecy laws apply in the UK as well?

The UK police (LP, in particular) respected it to the point of not correcting the evident misunderstanding over PJ leaks concerning the forensic results, depite the fact that the PJ themselves were not respecting judicial secrecy.

Even though the Met could continue to provide updates, they have decided not to as PT has also opened an investigation.

Despite the oft-repeated mantra that the police (GNR, in fact) had stressed "no media, no media" and that doing so could have signed her death warrant (various pundit "sources"), one thing that I do give credit to GA for was that he DID organise approval to publicise her photo / description as soon as feasible.

Technically, JT may have been in breach, but all she did was to publicise her description of a potential abductor. By that time, the police were no longer searching for Madeleine. Brave girl, IMO. She put the hope of helping to find Madeleine above the potential risk to herself.

[faithlilly]

The UK police (LP, in particular) respected it to the point of not correcting the evident misunderstanding over PJ leaks concerning the forensic results, depite the fact that the PJ themselves were not respecting judicial secrecy.

Even though the Met could continue to provide updates, they have decided not to as PT has also opened an investigation.

Despite the oft-repeated mantra that the police (GNR, in fact) had stressed "no media, no media" and that doing so could have signed her death warrant (various pundit "sources"), one thing that I do give credit to GA for was that he DID organise approval to publicise her photo / description as soon as feasible.

Technically, JT may have been in breach, but all she did was to publicise her description of a potential abductor. By that time, the police were no longer searching for Madeleine. Brave girl, IMO. She put the hope of helping to find Madeleine above the potential risk to herself.

So you agree that she did indeed break the law. Thank you Carana.

As to her publicising her description, the photo fit would have sufficed where that was concerned and to your point that she put herself at potential risk it's a pity she couldn't find it in herself to be quite so brave when it came to the reconstruction.

[Carana]

So you agree that she did indeed break the law. Thank you Carana.

As to her publicising her description, the photo fit would have sufficed where that was concerned and to your point that she put herself at potential risk it's a pity she couldn't find it in herself to be quite so brave when it came to the reconstruction.

No, I agree that she may have broken judicial secrecy.

As to returning for a belated PJ reconstruction with ill-defined purposes... Rebelo doesn't seem to have been the shoe-horning type, but they weren't to know that at the time.

Once the case had been shelved, she did return to take part in a reconstruction with a view to helping jog memories.


ETA: You don't appear to have picked up on the fact that the PJ were leaking like sieves, despite their own laws.

[faithlilly]

No, I agree that she may have broken judicial secrecy.

As to returning for a belated PJ reconstruction with ill-defined purposes... Rebelo doesn't seem to have been the shoe-horning type, but they weren't to know that at the time.

Once the case had been shelved, she did return to take part in a reconstruction with a view to helping jog memories.

Carana I truly believe you do have the welfare of Madeleine at heart.

I also feel sorry that your concern has been so disgracefully exploited.

[Carana]

Carana I truly believe you do have the welfare of Madeleine at heart.

I also feel sorry that your concern has been so disgracefully exploited.

Madeleine is indeed at the heart of my attempts to ascertain the facts about this case and to dismiss myths (wherever they originated or continue to be propagated).

I don't feel exploited in the least. My views are my own. I have no problem agreeing with some some points made by either side of what I see as a football match that often loses sight of the child in question.

[Angelo222]

Tanner wasnt the only person directly involved with the investigation who commented in that Panorama prog.  Am I to infer that they too are technically guilty of breaching the Portuguese secrecy laws??

[TitoMuzzy]

Carana I truly believe you do have the welfare of Madeleine at heart.

I also feel sorry that your concern has been so disgracefully exploited.

Touché

[Jean-Pierre]

Did Jane Tanner break judicial secrecy rules by appearing on Panorama ? Jean-Pierre seems to think not because she was not an arguido. His compadre's among the faithful seem to disagree.

http://madeleinemythsexposed.pbworks.com/w/page/39077845/Rebuttal%20of%20%22Fact%22%2024

So who is correct ?

She did not break the "judicial secrecy" law because she was a british citizen, making her comments on the case in the british media whilst in britain. 

In UK law there is no equivalent to "Judicial Secrecy".

The McCanns were in a rather different position - as Arguidos they were under an obligation to return to Portugal if required, and this obligation could be enforced by law.  Therefore breaking the secrecy laws would have placed them at risk.   

Twisting what I said previously does not help to make your point, Faith. 

[faithlilly]

She did not break the "judicial secrecy" law because she was a british citizen, making her comments on the case in the british media whilst in britain. 

In UK law there is no equivalent to "Judicial Secrecy".

The McCanns were in a rather different position - as Arguidos they were under an obligation to return to Portugal if required, and this obligation could be enforced by law.  Therefore breaking the secrecy laws would have placed them at risk.   

Twisting what I said previously does not help to make your point, Faith.

You are wrong Jean-Pierre. Even your comrades say you are wrong. It matters not a jot where Tanner was when she was interviewed. She broke judicial secrecy laws and,  if the Portuguese police had chosen to, she could have been prosecuted for it.

[Jean-Pierre]

You are wrong Jean-Pierre. Even your comrades say you are wrong. It matters not a jot where Tanner was when she was interviewed. She broke judicial secrecy laws and,  if the Portuguese police had chosen to, she could have been prosecuted for it.

How and who by?

[Eleanor]

Well obviously Portugal should have issued a EAW, dragged her back to Portugal and put her on trial.  Then sentenced her to three years in prison.

[Alfred R Jones]

She did not break the "judicial secrecy" law because she was a british citizen, making her comments on the case in the british media whilst in britain. 

In UK law there is no equivalent to "Judicial Secrecy".

The McCanns were in a rather different position - as Arguidos they were under an obligation to return to Portugal if required, and this obligation could be enforced by law.  Therefore breaking the secrecy laws would have placed them at risk.   

Twisting what I said previously does not help to make your point, Faith.

Well said.

[Alfred R Jones]

Well obviously Portugal should have issued a EAW, dragged her back to Portugal and put her on trial.  Then sentenced her to three years in prison.

Which begs the question why didn't they?  Perhaps if they care so much about their precious judiicial secrecy they should start enforcing it a little bit more seriously at home, starting with their own police force.

[Eleanor]

Which begs the question why didn't they?  Perhaps if they care so much about their precious judiicial secrecy they should start enforcing it a little bit more seriously at home, starting with their own police force.

I am not too sure that it wouldn't have worked.  If you consider some of the other daft instances wherein British Citizens have been extradited to Portugal.

But as you say, they should try sticking to it themselves, even if we don't actually know who dun it.

[Carana]

You are wrong Jean-Pierre. Even your comrades say you are wrong. It matters not a jot where Tanner was when she was interviewed. She broke judicial secrecy laws and,  if the Portuguese police had chosen to, she could have been prosecuted for it.

Not necessarily.

The BBC lawyers would have checked into it, and she probably sought legal advice as well. Authorisation may even have been sought and given as there is a provision which allows information to be released in certain circumstances.

I've removed reference to the actual articles as there are several.