Author Topic: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.  (Read 7097 times)

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Offline Brietta

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #15 on: March 27, 2021, 03:30:30 PM »
It's part of the process for the ECHR to suggest the parties reach a friendly settlement. It's not unusual in applications where well-established case law already exists. 

At the same time as a case is communicated to the respondent government, the European Court will write to the parties to inform them that the Court is at the parties’ disposal for the purpose of securing a friendly settlement and inviting proposals from either party (Rule 62¹§1 of the Rules of Court). The Court will usually set a time limit for any proposals.
https://www.echr.am/en/functions/representation/friendly-settlements.html#:~:text=It%20is%20an%20agreement%20between,an%20undertaking%20by%20the%20respondent

In other words ~ the McCann case V Portugal is admissible and in the process 😉
The remit of Operation Grange is to investigate ...  "(as if the abduction occurred in the UK)"

Offline Vertigo Swirl

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #16 on: March 27, 2021, 03:31:44 PM »
One thing you'll never be successful at.
I'll never be successful at missing Davel?  Oh dear, never mind, I will learn to live with it.

Online Wonderfulspam

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #17 on: March 27, 2021, 03:40:08 PM »
In other words ~ the McCann case V Portugal is admissible and in the process 😉

For the McCanns no doubt the horror, trauma & pain they've suffered since Maddie was abducted & murdered by a paedophile/rapist will be eased somewhat once they get their hands on Amaral's money.
Free Martin Brueckner

Offline Vertigo Swirl

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #18 on: March 27, 2021, 04:06:03 PM »
For the McCanns no doubt the horror, trauma & pain they've suffered since Maddie was abducted & murdered by a paedophile/rapist will be eased somewhat once they get their hands on Amaral's money.
What do you know about it?

Offline misty

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #19 on: March 27, 2021, 04:08:04 PM »
https://www.echr.am/en/functions/representation/friendly-settlements.html#:~:text=It%20is%20an%20agreement%20between,an%20undertaking%20by%20the%20respondent

The friendly settlement procedure in the European Court provides the respondent government and the applicant with an opportunity to resolve a dispute. It is an agreement between the parties which is very much like an out of court settlement in national legislation and affords them an opportunity to resolve an issue, usually on payment to the applicant by the respondent Contracting Party of a specified sum of money or on the basis of an undertaking by the respondent Contracting Party to provide appropriate resolution of the issue, or both.

The legal basis for friendly settlements is found in Article 39 of the European Convention on Human Rights, paragraph 1 of which stipulates:

“1. At any stage of the proceedings, the Court may place itself at the disposal of the parties concerned with a view to securing a friendly settlement of the matter on the basis of respect for human rights as defined in the Convention and the Protocols thereto.”

At the same time as a case is communicated to the respondent government, the European Court will write to the parties to inform them that the Court is at the parties’ disposal for the purpose of securing a friendly settlement and inviting proposals from either party (Rule 62¹§1 of the Rules of Court). The Court will usually set a time limit for any proposals. However, the time limit may be extended (the Court is keen for cases to be resolved and so is likely to grant more time if a settlement is a real possibility).

It is common for the European Court actively to become involved in facilitating settlement in a proactive way, and it may consider striking out an application if an applicant is considered “unreasonably” to have refused friendly settlement proposals. For example, when financial negotiations run into difficulties, the Court may be prepared to suggest what would represent a reasonable sum for settlement of the case. Rule 62 of the Rules of Court permits the Court to take any steps that appear necessary to facilitate settlement, which may include arranging a meeting between the parties (see, e.g., Koksal v. Netherlands, application no. 31725/96, 20 March 2001). The Court’s practice as regards applications concerning “well-established case-law” is now to be rather more proactive: in order to encourage the resolution of such cases, the Court may of its own motion send settlement proposals to the parties.

Friendly settlement negotiations are confidential and are without prejudice to the parties’ arguments in the contentious proceedings (Article 39§2 of the Convention and Rule 62¹§2 of the Rules of Court). The details of the negotiations cannot be referred to or relied on the substantive proceedings, or in any other contentious proceedings. Breaching this confidentiality could lead to an application being declared inadmissible on grounds of abuse of the rights of application.(See, e.g. Handrabova and others v. Czech Republic, application no. 42165/02 and 466/03, dec. 29 September 2007; Popov v. Moldova (No. 1), application no. 74153/01, 18 January 2005; Mirolubovs v. Latvia, application no. 798/05, 15 September 2009).

The European Court will be willing to facilitate settlement of cases as this will mean a reduction in the Court’s substantial backlog of cases. If terms are agreed, both parties should write to the Court to confirm the terms of the settlement agreement and request that the case be struck out of the Court’s list of cases. The Court will publish a decision or judgment (if concluded post-admissibility) recording the facts of the case and terms agreed between the parties and formally striking the case out of the list (Articles 39§3). This decision will be transmitted to the Committee of Ministers, which shall supervise the execution of the terms of the friendly settlement as set out in the decision (Articles 39§4). Settlements therefore have a higher “visibility” than was previously the case prior to the implementation of Protocol No. 11.

In accordance with Article 37§1 of the Convention, in striking out applications, the European Court will continue the examination of the case “if respect for human rights as defined in the Convention and protocols thereto so requires”. The factors affecting this decision will include the importance of the issue raised by the case, the terms of settlement proposed by the parties and whether the issue has previously been considered by the Court. Thus, a friendly settlement that had been agreed between the parties in Ukrainian Media Group v. Ukraine was rejected by the Court because of the gravity of the alleged interferences with the applicant company’s right to freedom of expression (Ukrainian Media Group v. Ukraine, application no. 72713/01, 29 March 2005).

The European Court may also decline to confirm a friendly settlement agreement if, for example, it is not satisfied that the applicant has unambiguously consented to its terms (see, e.g. Paladi v. Moldova, application no. 39806/05, 10 July 2007, §§51-53, the case was subsequently referred to the Grand Chamber).

Article 37§2 enables the European Court to restore the case to its list if the terms of friendly settlement are not subsequently complied with (see, e.g. Katic v. Serbia, application no. 13920/04, dec. 7 July 2009).

Thus, the European Court always encourages parties to negotiate a friendly settlement. If no agreement is reached the Court will proceed to examine the merits of the application.



Offline jassi

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #20 on: March 27, 2021, 04:35:13 PM »
Be interesting to see who's got the better negotiators and how this all pans out.
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for this season.

Offline barrier

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #21 on: March 27, 2021, 05:33:47 PM »
In other words ~ the McCann case V Portugal is admissible and in the process 😉


Nope.

It is common for the European Court actively to become involved in facilitating settlement in a proactive way, and it may consider striking out an application if an applicant is considered “unreasonably” to have refused friendly settlement proposals.


Thus, the European Court always encourages parties to negotiate a friendly settlement. If no agreement is reached the Court will proceed to examine the merits of the application.


This is my own private domicile and I will not be harassed....



Offline Brietta

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #22 on: March 28, 2021, 12:33:08 AM »

Nope.

It is common for the European Court actively to become involved in facilitating settlement in a proactive way, and it may consider striking out an application if an applicant is considered “unreasonably” to have refused friendly settlement proposals.


Thus, the European Court always encourages parties to negotiate a friendly settlement. If no agreement is reached the Court will proceed to examine the merits of the application.


If no agreement is reached the Court will proceed  ...

CONTENTIOUS PHASE
If the parties do not settle the case by the above date, the contentious phase will start, in which case the applicant will be required to be represented by an “advocate” before the Court, in accordance with Rule 36 §§ 2 and 4. As in the non-contentious phase, self-representation can be explicitly requested also at this stage of the proceedings. Any such request will be submitted to the President for consideration.

https://www.echr.coe.int/Documents/Applicants_communication_non_contentious_ENG.pdf
« Last Edit: March 28, 2021, 12:35:13 AM by Brietta »
The remit of Operation Grange is to investigate ...  "(as if the abduction occurred in the UK)"

Offline barrier

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #23 on: March 28, 2021, 08:52:51 AM »
Whose been blabbing to the sun then.


Both parties have been requested to indicate within twelve weeks their position regarding a friendly
settlement of your case and to submit any proposals they may wish to make in this regard (Rule 62). If
the parties are interested in reaching a settlement, the Registry would be prepared to make a
suggestion for the terms of the settlement. Should the Government submit any such proposals, you
will have the possibility to comment on them. There is a requirement of strict confidentiality in respect
of friendly-settlement negotiations
under Rule 62 § 2, and any proposals or submissions in this regard should be set out in a separate document, the content of which must not be referred to in any
submissions made in the context of the main proceedings.

This is my own private domicile and I will not be harassed....



Offline barrier

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #24 on: March 28, 2021, 09:18:58 AM »
If no agreement is reached the Court will proceed  ...

CONTENTIOUS PHASE
If the parties do not settle the case by the above date, the contentious phase will start, in which case the applicant will be required to be represented by an “advocate” before the Court, in accordance with Rule 36 §§ 2 and 4. As in the non-contentious phase, self-representation can be explicitly requested also at this stage of the proceedings. Any such request will be submitted to the President for consideration.

https://www.echr.coe.int/Documents/Applicants_communication_non_contentious_ENG.pdf


Walk before you run, have they got past the previous stage yet?

This is my own private domicile and I will not be harassed....



Offline barrier

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #25 on: March 28, 2021, 09:20:21 AM »
Aww, you're missing him, I can tell.  He hasn't logged on since yesterday so you'll simply have to be patient.

Hey up your hero is in the building, oh the anticipation.

This is my own private domicile and I will not be harassed....



Offline jassi

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #26 on: March 28, 2021, 09:36:22 AM »
Whose been blabbing to the sun then.


Both parties have been requested to indicate within twelve weeks their position regarding a friendly
settlement of your case and to submit any proposals they may wish to make in this regard (Rule 62). If
the parties are interested in reaching a settlement, the Registry would be prepared to make a
suggestion for the terms of the settlement. Should the Government submit any such proposals, you
will have the possibility to comment on them. There is a requirement of strict confidentiality in respect
of friendly-settlement negotiations
under Rule 62 § 2, and any proposals or submissions in this regard should be set out in a separate document, the content of which must not be referred to in any
submissions made in the context of the main proceedings.


A friend ?

Haven't seen it repeated elsewhere so maybe a Sun exclusive.
« Last Edit: March 28, 2021, 09:39:38 AM by jassi »
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for this season.

Offline Vertigo Swirl

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #27 on: March 28, 2021, 09:39:17 AM »
Hey up your hero is in the building, oh the anticipation.
You must be wetting yourself.

Offline barrier

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #28 on: March 28, 2021, 11:10:06 AM »
You must be wetting yourself.

Nah, its more likely  the ladies of the harem of the court of King Caractacus.

This is my own private domicile and I will not be harassed....



Offline Vertigo Swirl

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #29 on: March 28, 2021, 11:13:48 AM »
Nah, its more likely  the ladies of the harem of the court of King Caractacus.
snipe snipe snipe