Joe, I asked Chat GPT the question and this is what it said:
Not necessarily. German prosecutors would not automatically be obliged to show or hand the McCanns photographs simply because they allegedly possessed them.
Under German criminal procedure, the position is more nuanced:
* The prosecution has a duty to investigate both incriminating and exculpatory circumstances.
* A victim/injured party has rights to receive certain information about the status and outcome of proceedings under ?406d StPO, but that does not amount to an automatic right to be told about every item of evidence during an ongoing investigation.
* Victims can, under certain conditions, obtain access to case files/evidence through ?406e, generally via a lawyer, but access can be restricted where it would prejudice the investigation or other protected interests.
* More generally, German procedure permits withholding information where disclosure could jeopardise the purpose of an investigation.
So, regarding the alleged photographs
If prosecutors really possessed photographs depicting Madeleine dead, I would not regard the fact that the McCanns hadn?t been shown them as evidence that the photographs didn?t exist.
They could potentially have been kept confidential because:
1. The investigation was ongoing.
2. The images might constitute extremely sensitive evidence.
3. Revealing them could compromise investigative strategies or witnesses.
4. There could be privacy/victim-protection considerations.
5. Prosecutors might not yet have established their authenticity or provenance.
OK, thanks, Vertigo, that clarifies things, if such photos exist of course!
