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The Complete Mystery of Madeleine McCann™
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McCanns and the ECHR

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McCanns and the ECHR Empty McCanns and the ECHR

Post by Jill Havern 03.02.17 10:10

Posted by Marian Greaves on CMOMM facebook:

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Article 2 Right to life
Article 3 Freedom from torture and inhuman or degrading treatment
Article 4 Freedom from slavery and forced labour
Article 5 Right to liberty and security
Article 6 Right to a fair trial
Article 7 No punishment without law
Article 8 Respect for your private and family life, home and correspondence
Article 9 Freedom of thought, belief and religion
Article 10 Freedom of expression
Article 11 Freedom of assembly and association
Article 12 Right to marry and start a family
Article 14 Protection from discrimination in respect of these rights and freedoms
Protocol 1, Article 1 Right to peaceful enjoyment of your property
Protocol 1, Article 2 Right to education
Protocol 1, Article 3 Right to participate in free elections
Protocol 13, Article 1 Abolition of the death penalty



Here is the list of Human Rights covered by the ECHR, you will see from this that the only one the McCann's could claim was affected in the trial is article 8 Respect for private and family life. However it has now been proved by 3 courts that it wasn't the book that violated this right it was the McCann's themselves who did so by courting the media and giving interviews worldwide before the book was even published. They know they don't have a hope in hell's chance of even being considered so will claime weariness as to not taking it further.

However put the shoe on the other foot, should Amaral have the energy inclination and resources to sue them as he once said he would, he would be guaranteed a sure fire win for even if it went through every court in portugal, there is clear evidence they breached his human rights to 8) by going back to the court for separation of his assets, they destroyed his family by splitting them, they villified him in interviews and the media as being a drunken good for nothing etc which impinged on his children's well being.

article 1) right to peaceful enjoyment of your propert, they had his home is business his pension seized as collateral for an unprecedented greedy claim for damages which were proved unfounded article 10) freedom of expression, they seized his books and lost him thousands in income for several years.

article 3) right to participate in free elections, they prevented him from standing for election in 2011 i think it was.

I am sure other articles would apply as well to what they did to him or may want to do in the future, so the mccann's are whingeing that they deserved a million quid for compensation for maybe violating one human right, i wonder what its worth for several human rights violated like they did to him.

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McCanns and the ECHR Empty Re: McCanns and the ECHR

Post by jeanmonroe 03.02.17 11:41

".....you will see from this that the only one the McCann's could claim was affected in the trial is article 8 Respect for private and family life. However it has now been proved by 3 courts that it wasn't the book that violated this right it was the McCann's themselves who did so by courting the media and giving interviews worldwide before the book was even published."
---------------------------------

As I have been 'banging on' about, ad infinitum!

They brought it ALL on themselves!
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Post by Verdi 03.02.17 12:25

jeanmonroe wrote:
They brought it ALL on themselves!
Exactly - a total farce from beginning to end.

Frankly I don't understand how the case ever reached a law court.  Duarte must know a few faces or pockets to fatten.

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Post by garfy 03.02.17 13:01

I don't know how they dare even consider it....court of humane rights.......................

what about maddie ....what about her rights.....her rights of life .....her rights of protection

all they think about is themselves ....hopefully now will be the time .they have to face up to what they did........
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Post by Liz Eagles 03.02.17 13:25

garfy wrote:I don't know how they dare even consider it....court of humane rights.......................

what about maddie ....what about her rights.....her rights of life .....her rights of protection

all they think about is themselves ....hopefully now will be the time .they have to face up to what they did........
Please correct me if I'm wrong but I understand the McCanns included Madeleine's human rights in their libel litigation. That particular strand of their case was listened to and thrown out of court. The McCanns sued for money for Madeleine and dragged their remaining children into a libel court case. Just no shame.
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Post by Hesinsenburg 03.02.17 14:23

aquila wrote:
garfy wrote:I don't know how they dare even consider it....court of humane rights.......................

what about maddie ....what about her rights.....her rights of life .....her rights of protection

all they think about is themselves ....hopefully now will be the time .they have to face up to what they did........
Please correct me if I'm wrong but I understand the McCanns included Madeleine's human rights in their libel litigation. That particular strand of their case was listened to and thrown out of court. The McCanns sued for money for Madeleine and dragged their remaining children into a libel court case. Just no shame.
How was that managed if Madeleine was made ward of court? any one know? do the british courts have to pay Madeleines cost's?
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Post by Jackisback 03.02.17 22:52

It's worth noting that the ECHR only applies to public organisations - it's not enforceable against citizens. 

Any application to the European Court of Human Rights would have to relate to the conduct of a state party, for example the courts, rather than the McCanns or Amaral themselves.
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Post by Hobs 04.02.17 2:46

Dr. Amaral could claim the following

Article 9 Freedom of thought, belief and religion
Article 10 Freedom of expression


He has won on the right to both of those since the book was banned and in the book he wrote his thoughts and beliefs in relation to what happened to Maddie.

The mccanns would lose on privacy especially due to the mockumentary and kate's book (exhibit 1)
 both of which made their family life public, including that of their children.
We also have all the interviews both TV and radio as well as print interviews, statements and photographs which include details about themselves and more importantly their children.

When you put yourself in the public arena, making your family life available to view then unless it is extremely intrusive such as paparazzi taking pictures of private moments (think Topless Duchess of Cambridge pics or long distance photos of the mccann family or photos of the twins)
Remember all those posed pictures of the mccanns and the twins< the interviews telling us what the twins were saying and doing?


Their privacy was sold to the highest bidder when the need arose


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McCanns and the ECHR Empty Re: McCanns and the ECHR

Post by hogwash 04.02.17 9:23

 What next for the McCanns?



The European Court of Human Rights - ECHR:

Almost as soon as the news of Goncalo Amaral's second successful defence against the McCanns was spreading across the parallel universe that is the main stream media, mumblings, whispers and in the case of some newspapers, definitive statements were being made; "McCanns to appeal court ruling".

I was holding out for the headline, "Kate and Gerry McCann to throw yet more donated money away in obsessive pursuit of one man".

Or...

"McCanns set to gamble yet more cash, many believe is being used to search for Madeleine"

Of course those headlines will never make the front pages, despite (plans of appealing aside), being totally true. 

Kate and Gerry McCann have spent many years and a massive amount of public donations in pursuing Goncalo Amaral. 

“He deserves to be miserable and feel fear”, is one of Kate's quotes about Snr. Amaral.

All those years, all that cash, and now, if the rumours are correct, Kate and Gerry are considering appealing yet again. This time to the last chance saloon; The European Court of Human Rights. 

The press, as you'd expect, lay out the news like it's a foregone conclusion; that the McCanns will simply get on the blower to Strasbourg, and coupling their usual arrogance, with a somewhat swaggering self entitlement complex, will be granted an appeal just like that. 

It isn't that easy. 

Personally, I doubt very much if the McCanns will go down the ECHR route. I'm more of the opinion that the cries of 'we'll appeal', are hollow, and that the McCann media machine is merely trying to fool whoever still believes their tripe, into believing the McCanns have been dealt a severe injustice (they haven't), and will seek to rectify it asap. 

That being said, it's just my opinion, so let's look at the ECHR, and whether the McCanns could, should they apply, be granted the right to appeal. 

- The first step for anyone seeking to apply to the ECHR, is to download an application form, and fill every section out, meticulously, and in full.

- If any parts of the form are incomplete, illegible, or incorrect, then the court could well end the claim right there. (These ladies and gents do not fuck about).

- Once the form is completed, it must be sent to the ECHR in Strasbourg. 

- Upon arrival at Strasbourg, the application form will be sent to the appropriate legal division. In this case, it would be a division that included Portuguese speakers, who also have expertise in Portuguese litigation.

- The file will then be given a number, and examined by a lawyer.

- The court may then contact the applicant, and ask for further information. If this isn't sent immediately, the court can, and will, terminate the application. 

- Other than the court requesting information, and the applicant sending it, the latter must NOT contact the court. (Can you imagine Gerry being able to adhere to that rule?)

- The court receives over 50,000 applicants a year, of those only 30 actually make it to the hearing stage. That's a staggeringly low 0.06% (You feeling lucky Kate and Gerry?)

- "If your application is clearly inadmissible because it does not meet all the required admissibility criteria, it will be dealt with by a single judge. The inadmissibility decision given by that judge is final. You will be informed by letter, but you will not receive a copy of the decision. It is not possible to challenge the inadmissibility decision or request any further information about it. The Court will close the case and the file will be destroyed at a later date"

- In all cases, once the ECHR decides, at any stage, that an application is inadmissible, or it is rejected, then that's it; game over; you had your chance; you blew it. 

Now, let's get down to some juicier bits. 

One of the questions that we've seen crop up a few times, is this:

If the McCanns begin the appeal process, will Goncalo Amaral's assets be frozen once more, and will the costs Kate and Gerry were ordered to pay, be suspended pending the outcome of the ECHR?

The wonderful news, if you're sat on the Amaral side of the fence, is that until a final verdict is reached by the ECHR, they don't have the power to overturn, suspend, or alter any decision made by the Portuguese, as confirmed by the ECHR below:

"If I apply to the Court, does it mean I do not have to
comply with the final judgement given by the domestic
courts?

No, applying to the Court has no suspensive effect. You must
comply with the final decisions of the national courts even if you
lodge an application with the Strasbourg Court."

So no get out there. If Kate and Gerry were hoping to delay payment (whilst they squirrelled away more of the donations given to them to find their daughter), by slapping in an application to the ECHR, they'd better have a rethink; it won't work. 

The current backlog of cases, means that any application could take up to a year, and more, to reach the appeal stage. Plenty of time for the McCanns to pay up, or find themselves arrested. 

Another question that is included in the ECHR many information sheets, is this one:

"What is the European Court of Human Rights
not able to do for me?

The Court does not act as a court of appeal in relation to national
courts (the Supreme Court in Lisbon being one of these); it does not rehear cases, it cannot quash, vary or revise
their decisions.

The Court will not intercede directly on your behalf with the authority you are complaining about. In exceptional circumstances the Court may, however, grant interim measures.

As a matter of practice it only does so where there is a serious risk of physical harm to the applicant.

The Court will not help you find or pay a lawyer to draw up your application.

The Court cannot give you any information on legal provisions in force in the State against which your complaints are directed."

More on the how applications to the European Court of Human Rights, can be read on the following links:

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So, if the McCanns are indeed having utopian ideas of starting further desperate, and pitiful attempts to destroy Snr. Amaral, I would suggest that fantasy land is where they will be born and reality be there resting place. 

My honest opinion (for what it's worth), of this entire legal battle and what should happen next is as follows. 

1. Kate and Gerry need to suck this loss up. 

2. They need to apologise, publicly, to those who donated cash they believed would be used solely for the search for Madeleine. That cash has been spent on corrupt private detectives, who (as proven in previous blogs) also channelled their efforts into destroying Snr. Amaral, instead of looking for Madeleine; it has been spent on buying favourable headlines; lawyers; PR spokesman - that's Clarence Mitchell's official title, to the rest of us, he's just a child abuse apologist, who took hundreds of thousands of pounds, in exchange for a multitude of lies, fake stories, and smears, designed to do protect his employers. 

3. They need to hand over the cash they owe Goncalo Amaral, and sharp, so that the £52,900, or the change from his defence, raised by those who wished to help Snr. Amaral, can as promised, be donated to children's charities. I would then hope that the PJGA show complete transparency, and inform us all of exactly how the money was divided up, and to which charities it went to. 

I've seen a lot of comments from people agreeing to a post, that Snr. Amaral should use that money to counter sue the McCanns. 

To those people I would say this:

Goncalo Amaral will have plenty of his own money to take that course of action should he wish to. The £52,900 was raised for him to defend himself, with the remainder to go to children's charities. If I'm honest, I find the comments that he should keep going until the McCanns lose their house etc. quite sickening. It's a baying mob mentality, and if that's what you're into, we're way off being on the same page. Kate and Gerry have two other children, do you really want to see them lose their family home, as well as their sister?

That's before I've even got on to how much good that sum will do for children's charities. I wonder, are the same people who are suggesting Snr. Amaral use that money, even be it temporarily, happy that it not be given to children who desperately need it immediately? 

Even if it were to feed, educate, keep warm, keep safe, just one child (it would help many. many more), would the lynch mobbers out there prefer it be used to pursue the McCanns?

"Ah never mind the kids Goncalo, they can wait; instead, we'd like you to spend all the cash on a big stick, and beat the McCanns with it...huh their other two kids? Nahhh, be reet, here, take the stick"

If you do, and if you got your way, would you still feel comfortable accusing the McCanns of neglecting 3 children, whilst your wish would neglect many more?

Would you feel ok about a fund set up for one reason, suddenly being used to pursue Kate and Gerry through the courts, even though that's the very thing you complain about the McCanns doing? 

"but they deserve it, but they made his life hell, but, but, but..."

...but nothing, you're blinkered, hypocritical, and totally lacking any perspective. 

Finally, it has to be said, now the dust has settled; that all of this; the lies; the legal battles; the obscene amount of money wasted, could have all been avoided. If the McCanns had looked after their kids properly, then the chances are Madeleine would still be here. If they hadn't gone on to lie through their teeth, the investigation could have run it's proper course - without hindrance. 

Madeleine McCann deserved so much better. 

She was born an ordinary girl, with her whole life ahead of her.


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Post by The Rooster 04.02.17 10:19

An elegant post Mr/ Ms Hogwash

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Post by Liz Eagles 04.02.17 11:44

The Rooster wrote:An elegant post Mr/ Ms Hogwash
I'll second that. An outstanding and informative post indeed.
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Post by Guest 04.02.17 12:03

I disagree.

I think Amaral should use the money to pursue justice for Madeleine (and other vicitims of this incident).

That means getting the McCanns into court under oath by any means possible.

I don't know if he has the fortitude for such a fight, I would understand if he didn't.

The two McCann children have other family and will not be neglected - that is not a real issue.
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McCanns and the ECHR Empty Re: McCanns and the ECHR

Post by Verdi 04.02.17 12:21

Their game plan must have been prepared months, if not years, ago.  No way can I be convinced they ever thought they would win this protracted battle to shame Goncalo Amaral.  Initially, I believe they thought Mr Amaral would crumble under their threats of litigation and be forced, or pursuaded, to make a settlement out of court - clearly they didn't bargain for the tenacity of the man they sought to destroy.

Since that time, in my opinion, they have continued the farce to save face - after all, if they were seen to back down at any stage, the great British public would start to view them with an eye of suspicion - heaven forbid.  As for the security and future of the money held in the Limited Company, they've been jiggling that around for years in preparation for the invevitable grand finale - let's just say, a little put aside for a rainy day.  If the McCanns are required to cough up any money as a result of Mr Amaral's recent victory, they're presumably still clinging on to a few faithful wealthy retainers who have been bank rolling them for the past decade - add the two together, they won't starve, nor need to sell their house.  Never can the faithful desert the sinking ship - they're already in it too deep!

Have either of the McCanns actually said they are going to appeal to the European Court of Human Rights - would their legal representation be so foolish as to even suggest the idea?  They would be laughed out of Strasbourg - unless of course a source close to the family knows a few faces that can be pursuaded.  I doubt it!

Still, as I recently said, I'm hoping this will be an end to the farce - for the sake of Goncalo Amaral and his family and friends.

Conversely, they could always blame Donald Trump.

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McCanns and the ECHR Empty Wonderful post

Post by Miss Pandora 04.02.17 13:30

hogwash wrote:

 What next for the McCanns?





The European Court of Human Rights - ECHR:

Almost as soon as the news of Goncalo Amaral's second successful defence against the McCanns was spreading across the parallel universe that is the main stream media, mumblings, whispers and in the case of some newspapers, definitive statements were being made; "McCanns to appeal court ruling".

I was holding out for the headline, "Kate and Gerry McCann to throw yet more donated money away in obsessive pursuit of one man".

Or...

"McCanns set to gamble yet more cash, many believe is being used to search for Madeleine"

Of course those headlines will never make the front pages, despite (plans of appealing aside), being totally true. 

Kate and Gerry McCann have spent many years and a massive amount of public donations in pursuing Goncalo Amaral. 

“He deserves to be miserable and feel fear”, is one of Kate's quotes about Snr. Amaral.

All those years, all that cash, and now, if the rumours are correct, Kate and Gerry are considering appealing yet again. This time to the last chance saloon; The European Court of Human Rights. 

The press, as you'd expect, lay out the news like it's a foregone conclusion; that the McCanns will simply get on the blower to Strasbourg, and coupling their usual arrogance, with a somewhat swaggering self entitlement complex, will be granted an appeal just like that. 

It isn't that easy. 

Personally, I doubt very much if the McCanns will go down the ECHR route. I'm more of the opinion that the cries of 'we'll appeal', are hollow, and that the McCann media machine is merely trying to fool whoever still believes their tripe, into believing the McCanns have been dealt a severe injustice (they haven't), and will seek to rectify it asap. 

That being said, it's just my opinion, so let's look at the ECHR, and whether the McCanns could, should they apply, be granted the right to appeal. 

- The first step for anyone seeking to apply to the ECHR, is to download an application form, and fill every section out, meticulously, and in full.

- If any parts of the form are incomplete, illegible, or incorrect, then the court could well end the claim right there. (These ladies and gents do not fuck about).

- Once the form is completed, it must be sent to the ECHR in Strasbourg. 

- Upon arrival at Strasbourg, the application form will be sent to the appropriate legal division. In this case, it would be a division that included Portuguese speakers, who also have expertise in Portuguese litigation.

- The file will then be given a number, and examined by a lawyer.

- The court may then contact the applicant, and ask for further information. If this isn't sent immediately, the court can, and will, terminate the application. 

- Other than the court requesting information, and the applicant sending it, the latter must NOT contact the court. (Can you imagine Gerry being able to adhere to that rule?)

- The court receives over 50,000 applicants a year, of those only 30 actually make it to the hearing stage. That's a staggeringly low 0.06% (You feeling lucky Kate and Gerry?)

- "If your application is clearly inadmissible because it does not meet all the required admissibility criteria, it will be dealt with by a single judge. The inadmissibility decision given by that judge is final. You will be informed by letter, but you will not receive a copy of the decision. It is not possible to challenge the inadmissibility decision or request any further information about it. The Court will close the case and the file will be destroyed at a later date"

- In all cases, once the ECHR decides, at any stage, that an application is inadmissible, or it is rejected, then that's it; game over; you had your chance; you blew it. 

Now, let's get down to some juicier bits. 

One of the questions that we've seen crop up a few times, is this:

If the McCanns begin the appeal process, will Goncalo Amaral's assets be frozen once more, and will the costs Kate and Gerry were ordered to pay, be suspended pending the outcome of the ECHR?

The wonderful news, if you're sat on the Amaral side of the fence, is that until a final verdict is reached by the ECHR, they don't have the power to overturn, suspend, or alter any decision made by the Portuguese, as confirmed by the ECHR below:

"If I apply to the Court, does it mean I do not have to
comply with the final judgement given by the domestic
courts?

No, applying to the Court has no suspensive effect. You must
comply with the final decisions of the national courts even if you
lodge an application with the Strasbourg Court."

So no get out there. If Kate and Gerry were hoping to delay payment (whilst they squirrelled away more of the donations given to them to find their daughter), by slapping in an application to the ECHR, they'd better have a rethink; it won't work. 

The current backlog of cases, means that any application could take up to a year, and more, to reach the appeal stage. Plenty of time for the McCanns to pay up, or find themselves arrested. 

Another question that is included in the ECHR many information sheets, is this one:

"What is the European Court of Human Rights
not able to do for me?

The Court does not act as a court of appeal in relation to national
courts (the Supreme Court in Lisbon being one of these); it does not rehear cases, it cannot quash, vary or revise
their decisions.

The Court will not intercede directly on your behalf with the authority you are complaining about. In exceptional circumstances the Court may, however, grant interim measures.

As a matter of practice it only does so where there is a serious risk of physical harm to the applicant.

The Court will not help you find or pay a lawyer to draw up your application.

The Court cannot give you any information on legal provisions in force in the State against which your complaints are directed."

More on the how applications to the European Court of Human Rights, can be read on the following links:

[You must be registered and logged in to see this link.]

So, if the McCanns are indeed having utopian ideas of starting further desperate, and pitiful attempts to destroy Snr. Amaral, I would suggest that fantasy land is where they will be born and reality be there resting place. 

My honest opinion (for what it's worth), of this entire legal battle and what should happen next is as follows. 

1. Kate and Gerry need to suck this loss up. 

2. They need to apologise, publicly, to those who donated cash they believed would be used solely for the search for Madeleine. That cash has been spent on corrupt private detectives, who (as proven in previous blogs) also channelled their efforts into destroying Snr. Amaral, instead of looking for Madeleine; it has been spent on buying favourable headlines; lawyers; PR spokesman - that's Clarence Mitchell's official title, to the rest of us, he's just a child abuse apologist, who took hundreds of thousands of pounds, in exchange for a multitude of lies, fake stories, and smears, designed to do protect his employers. 

3. They need to hand over the cash they owe Goncalo Amaral, and sharp, so that the £52,900, or the change from his defence, raised by those who wished to help Snr. Amaral, can as promised, be donated to children's charities. I would then hope that the PJGA show complete transparency, and inform us all of exactly how the money was divided up, and to which charities it went to. 

I've seen a lot of comments from people agreeing to a post, that Snr. Amaral should use that money to counter sue the McCanns. 

To those people I would say this:

Goncalo Amaral will have plenty of his own money to take that course of action should he wish to. The £52,900 was raised for him to defend himself, with the remainder to go to children's charities. If I'm honest, I find the comments that he should keep going until the McCanns lose their house etc. quite sickening. It's a baying mob mentality, and if that's what you're into, we're way off being on the same page. Kate and Gerry have two other children, do you really want to see them lose their family home, as well as their sister?

That's before I've even got on to how much good that sum will do for children's charities. I wonder, are the same people who are suggesting Snr. Amaral use that money, even be it temporarily, happy that it not be given to children who desperately need it immediately? 

Even if it were to feed, educate, keep warm, keep safe, just one child (it would help many. many more), would the lynch mobbers out there prefer it be used to pursue the McCanns?

"Ah never mind the kids Goncalo, they can wait; instead, we'd like you to spend all the cash on a big stick, and beat the McCanns with it...huh their other two kids? Nahhh, be reet, here, take the stick"

If you do, and if you got your way, would you still feel comfortable accusing the McCanns of neglecting 3 children, whilst your wish would neglect many more?

Would you feel ok about a fund set up for one reason, suddenly being used to pursue Kate and Gerry through the courts, even though that's the very thing you complain about the McCanns doing? 

"but they deserve it, but they made his life hell, but, but, but..."

...but nothing, you're blinkered, hypocritical, and totally lacking any perspective. 

Finally, it has to be said, now the dust has settled; that all of this; the lies; the legal battles; the obscene amount of money wasted, could have all been avoided. If the McCanns had looked after their kids properly, then the chances are Madeleine would still be here. If they hadn't gone on to lie through their teeth, the investigation could have run it's proper course - without hindrance. 

Madeleine McCann deserved so much better. 

She was born an ordinary girl, with her whole life ahead of her.


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She became a treasure trove for those who were responsible for her death, and those who supported their lies.



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Thank you for posting this. I am not a regular poster but I have always thought that there are a couple of chapters in the Amaral book that are explosive and once this is published and distributed in English and available to buy in the UK,  either on bookshelves or via Amazon, the ramifications will be huge.  I would be worried about being sued if I was Mr or Mrs Gasper. I would also be concerned if I was a NHS manager employing staff named publically in a book that suggests improper conduct. Once the book is published actions will need to be taken, or seen to be taken, especially in light of recent investigations and ruling around historic cases around local authority managers I post when said cases were current. 

I honesty don't know what this case is about or who is lying.  I wish I did sometimes. Not even sure why it holds my fascination but what I do know is that somomeone is lying s d I am convinced it is not Mr Amaral
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McCanns and the ECHR Empty Re: McCanns and the ECHR

Post by MayMuse 04.02.17 13:37

Totally agree with Hogwash's laidbare post. 
Amaral has conducted himself with dignity in all of this, and think he would continue in the same vein...he is made of a much finer cloth, bless him. 
Persecution is never a good look! 
The McCanns put a statement on their page saying they were consulting with their lawyers, I think someone's grabbed a screenshot, but they ( the mc's) removed it swiftly.. whooshed as if never said. This action spoke volumes. To continue spouting that it's "never about the money " yet take all and sundry to court does not marry; their words and actions are at polar opposites and they Think they have a huge "entourage" behind them, so much in PR, MSM etc but remember the wriggly worm turns!

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McCanns and the ECHR Empty Re: McCanns and the ECHR

Post by Verdi 04.02.17 15:45

BlueBag wrote:

I think Amaral should use the money to pursue justice for Madeleine (and other vicitims of this incident).
I can't see any problem with Mr Amaral using surplus money pursuing the case from his angle - I have no faith in charities anyway, might just as well throw money down the drain than pass it on to some charity management and aministration.  Not though by litigation, the McCann v. Amaral case is not directly connected to any investigation past or present, it will not force the McCanns or any of their friends, into a law court.   Continuing litigation is expensive, time consuming and frankly futile - as the McCanns have proven.

Having said that, as regards continuation of his work on behalf of Madeleine McCann, time I think is the key not money.  As has been seen over the past decade, many people have devoted time and energy to solving the mystery, there is always help out there - as I'm sure Mr Amaral is already in regular contact with ardent campaigners, such as CMoMM, PeterMac and Natasha Donn.  As he is no longer employed by the Portuguese judiciary he can't work alone towards moving the case forward - outside help is free gratis and for nothing! 

yes

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McCanns and the ECHR Empty Re: McCanns and the ECHR

Post by Hobs 04.02.17 16:41

Regarding using the fund to pay legal expenses and i suspect any compensation to Dr. Amaral.

Way back in 2010 when they were suing to get the book banned , clarrie made
this revealing comment in a tv interview in relation to the fund being used to pay the mccann legal fees.

relevant Q&A starts 5:45




Reporter - A lot of people would say that quite a lot of money has been made from Madeleine's disappearance with the various court cases. How much has been made and is it being used in legal proceedings like the one we've seen in Portugal.

CM - The Fund is there to assist Kate and Gerry in whatever way necessary. There are a number of other backers as well outside the Fund who also assist at times. The bulk, in fact all of the public money that came in in the early stages was all spent entirely properly on the search for Madeleine on the investigative costs and everything else around that. Most of the monies that are still in the Fund now are actually there from either the settlements against the Express Group newspapers and other media outlets that have also defamed them and so that is money that was brought in through court action, not the public and on top of that, the most recent monies ... come in have been through supporters kindly donating at a fund raising event and again, they would be more than happy as supporter to see the money spent in any way that assists Kate and gerry and the wider family and their investigators in the search for Madeleine


I would not be in the least surprised if he uses this excuse again in order to allow the publicly donated funds to find Maddie to now be used in this way.

The mccanns will want to minimise any actual financial loss to themselves, so how better than to use other peoples money.

I also am waiting for a gofundme for the mccanns by their few supporters to help with legal costs (you know who you are folks coooooooooeeeeeeeeeeeeee)
Perhaps some other sort of appeal even.



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McCanns and the ECHR Empty Re: McCanns and the ECHR

Post by Verdi 04.02.17 20:44

There is a notional five hundred thousand to seven hundred and fifty thousand quid floating about in and out of the fund isn't there?

Can't be precise because confusion is good - suffice to say it's been put by for emergencies.  The management of the Limited Company has never been even remotely transparent, they can easily juggle about the figures between donators, wealthy benefactors and fund raising events and of course manipulate the record of expenditure.  Who's to say exactly how much money was donated - impossible to quantify in my opinion, after all, although it was never to be a charity per se the income was sought in the same way as a regular charity and look at what bona-fide charities get up to with invisible money.
 
Lest they forget - the Limited Company board of directors is made-up of McCann relations and friends.  Enough said!

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McCanns and the ECHR Empty Re: McCanns and the ECHR

Post by Doug D 02.12.18 20:55

Nothing to do with the Mc’s as such, but two years to come up with 'manifestly ill-founded'!

This ‘application inadmissable’ decision from last week has taken two years to get there:
 
In its decision in the case of F.J.M. v. the United Kingdom (application no. 76202/16) the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final.


The case concerned a possession order against a tenant after the landlords, who were also her parents, defaulted on their mortgage payments. The applicant complained under Article 8 (right to respect for private and family life and the home) that the UK courts had refused to carry out a balancing exercise between her rights as a tenant to not lose her home and the mortgagee’s right to be repaid……………
 
Complaints, procedure and composition of the Court


The application was lodged with the European Court of Human Rights on 6 December 2016. ………….


The applicant’s Article 8 complaint had therefore to be rejected as manifestly ill-founded.


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Post by Verdi 14.01.19 11:32

This McCann v. Portugal v. UK through the European Court of Human Rights business is just media hype.  There is no chance the McCanns case, whatever that might be, would go beyond routine auto-reply for reject applications.

The ECHR are never going to comment one way or the other, that's not how they operate, the McCanns can therefore spin this non-event till the proverbial cows come home.

Whilst we're on the subject, tell me Mr & Mrs McCann (has the ring of a Hollywood blockbuster crime duo) - what human rights of yours have been violated?  Was it because you and wifey couldn't have rumpy pumpy?  It's a good starting point if you wish to proceed with this farce and try to convince the world that you've got a cat in hell's chance of your case being even accepted, let alone heard.

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20th September 2018

As a new funding deadline approaches for Operation Grange - the UK police inquiry that has spent over €12 million ‘searching for Madeleine McCann - British newspapers have been running with “fake stories” centring on the possibility that the Madeleine Fund is in danger of being wiped out by a new court action lodged by former PJ detective Gonçalo Amaral.

The Mail has inferred that a court case brought by Amaral is “due to start in the next few weeks” while the Sun describes the situation as a “Euro court showdown”.

The truth is that the case due to be heard has been instigated by the McCanns themselves and has nothing whatsoever to do with former PJ coordinator Gonçalo Amaral, who has been at pains to distance himself from media hype ever since the McCann’s long-running case to sue him for €1 million failed in the Supreme Court, Portugal’s final court of jurisdiction ([You must be registered and logged in to see this link.]).

Since that time, costs incurred by the McCanns (and awarded against them) have been left hanging.

The couple’s bid to overturn the Supreme Court judgement has failed twice ([You must be registered and logged in to see this link.] and [You must be registered and logged in to see this link.]), thus the jury is definitely out on the merits of this appeal to the European Court of Human Rights.

But as to the case being anything to do with Amaral, the former detective has been in touch to put the record straight:

“There are stories being printed saying I am taking the couple to court. It’s a lie. I have never received any kind of indemnity from them and I have never asked for one.


“The case they have lodged in the European court is not against me, but the Portuguese State.

“These lies just serve to make out that they are victims, to ask for more money and to pressure the European Court”.

The father-of-two who has long since maintained that the McCanns have set out to “assassinate” his “civil position”, said:

“They should explain how much of the money of the Fund they have spent on court cases.

“For example, how much they have spent on lawyers fees. These were thousands of pounds not spent on looking for their daughter”.

Amaral’s treatment by the British press has been constant for the last decade.

This week the Sun has called him “disgraced” (when in fact he won the case taken out against him by the McCanns at least three times) and his theory that the parents could have covered up their daughter’s accidental death “shameful” and “ludicrous”.

As to the possibility that the Madeleine Fund could be “wiped out” if the European Court dismisses the McCann’s appeal, this is not news. The situation of the Fund was highlighted by all newspapers in March last year. In fact, Jerry Lawton of the Daily Star referred to the McCanns “going for broke” and using the Madeleine Fund to pay for their legal fees, even though this was something they had originally vowed they would never do.


With the deadline for a decision on further funding for the Metropolitan Police search approaching, other UK newspapers have highlighted “an honest interview” with Madeleine’s father Gerry where he discusses his struggles with depression as a result of the stress of losing a child.

The interview is due to be broadcast on BBC Radio 4 on September 29.


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McCanns and the ECHR Empty Re: McCanns and the ECHR

Post by Doug D 14.01.19 12:17

We can only hope that the appeal gets the proverbial ‘rejected as manifestly ill-founded’ decision sometime this year (two year’ish timeline) otherwise we could be waiting until 2022/3 for a straight-forward ‘application inadmissable’ declaration.
 
Portuguese Supreme Court threw the McCann case out in Feb 2017, so the ECHR papers against Portugal had to go in within 6 months.

If it takes 5½ years just for the ECHR to decide that a newspaper cannot publish an illicitly taken photograph, what hope is there!

Can Grange really keep finding ‘last throws of the dice’ that long?

How many of us are not going to be around if it takes till the end of 2022?

…………………………

In its decision in the case of Bild GmbH & Co. KG and Axel Springer v. Germany (applications nos. 62721/13 and 62741/13) the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final.
 
The case concerned an order prohibiting the publishers of the mass-circulation daily newspaper Bild from publishing or distributing a photograph of a well-known Swiss journalist taken while he was in pre-trial detention.
 
In the Court’s view, although the photograph in question had not been defamatory, depreciatory or degrading for the television presenter’s image, it had nevertheless shown him in a situation – in a prison yard – where he could not have expected to be photographed.
 
Complaints, procedure and composition of the Court 

The application was lodged with the European Court of Human Rights on 27 September 2013. 

Relying on Article 10 (freedom of expression), the applicant companies complained that the German courts had infringed their right to freedom of expression and had failed to comply with the criteria established by the Court in cases involving balancing Article 8 (right to respect for private life) and Article 10.
 
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McCanns and the ECHR Empty Re: McCanns and the ECHR

Post by Verdi 14.01.19 14:36

I truly believe Gonçalo Amaral's got more chance of taking the UK establishment to the European Court of Human Rights for violation of his dignity and life.

The media reports that were allowed to circulate unbridled are an utter disgrace. 

The McCanns themselves secured a few out of court settlements, amounting to aconsiderable sum of money, for alleged false representation reported by the press.  Yet the press are allowed to sully the name of a Portuguese police officer without challenge?  A Portuguese officer who was just doing his job - trying to find their, the McCanns, missing three year old daughter.

They should be demanding he is honoured with some distinction, not trying to destroy him through law courts.

Dispicable behaviour!

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Post by Doug D 26.02.19 11:28

Two random cases from ECHR ‘resolved’ list today, showing possible time scales:

Lodged 22/6/2010, deemed inadmissible 21/2/2019.
 
Lodged 4/12/2017, struck off list 21/2/2019
 
Also snip from press release from last November stating ‘only’ 58,000 applications pending, down from 160,000. 
 
Still an astronomical number in my book! (but only 2.6% of applications have got to judgment)
 
Twenty years of the new Court 
 
Press Release - General   |   Published On 26/11/2018
 
‘President Raimondi also noted that currently only a little more than 58,000 applications are pending before the Court down from the astronomical number of 160,000 applications pending in 2011. In the last 20 years the new Court dealt with more than 800,000 applications, delivering nearly 21,000 judgments.’
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Post by Doug D 24.03.19 14:57

‘Amaral, 59, is waiting on a soon-to-come judgement from the European Court of Human Rights over the lengthy legal battle with the McCanns sparked by his hurtful 2008 book The Truth of The Lie before deciding whether to launch a compensation claim.’
 
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‘Soon-to-come judgement’?
 
Does he know something we haven’t yet been told?
 
Looking at ECHR timescales, if this is correct, it must be that it’s going to get kicked into touch, otherwise we would expect 2022 at the very earliest for a decision.
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Post by plebgate 24.03.19 17:32

Hope you are right Doug D.

Is this why we have had all the stories in the papers and the documentary?

I hope Rocky decides to seek compensation.  Bucket loads of it.

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McCanns and the ECHR Empty Re: McCanns and the ECHR

Post by Doug D 16.04.19 19:26

Bringing this over from Textusa:


Mark Saunokonoko‏Verified account @saunokonoko 
Replying to @The_Truth_II 
Still in the ECHR queue as of 16 April, 2019. [You must be registered and logged in to see this link.]
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7:38 PM - 15 Apr 2019



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I don't think we have ever known the application number, which is redacted above, but Mark has managed to get access to this one way or another, so should get to know as soon as anything happens.
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Post by willowthewisp 16.04.19 19:40

Hi DougD,that takes care of funding of Operation Grange until September 2019 then, Two years in July since submitted to ECHR, April 2019 re-newel?
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Post by Jill Havern 28.06.19 11:36

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Post by Verdi 29.06.19 0:21

I'd love to know the provenance of this application - like how Mark Saunokonoko got his hands on the case reference number, which has been obscured on his tweet.

Ages ago when I tried to trace the alleged application on the ECHR website, the application reference number was required without which the application couldn't be traced.

I'm guessing this is the initial stage, i.e. lodging an application for a case to be heard because frankly, I'm surprised it's even listed as a pending case. Surely there's an office bound minion in situ who sifts through all applications received and decides which adheres to the requisite criteria and which should be rejected.

What possible grounds could the McCann's have for a case against Portugal? It's laughable.

They couldn't even manage to prove, or even justify, their prolonged case against Gonçalo Amaral - what chance do they have against a European state?

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Post by lion77 29.06.19 7:49

Verdi wrote:I'd love to know the provenance of this application - like how Mark Saunokonoko got his hands on the case reference number, which has been obscured on his tweet.

Ages ago when I tried to trace the alleged application on the ECHR website, the application reference number was required without which the application couldn't be traced.

I'm guessing this is the initial stage, i.e. lodging an application for a case to be heard because frankly, I'm surprised it's even listed as a pending case.  Surely there's an office bound minion in situ who sifts through all applications received and decides which adheres to the requisite criteria and which should be rejected.

What possible grounds could the McCann's have for a case against Portugal?  It's laughable.  

They couldn't even manage to prove, or even justify, their prolonged case against Gonçalo Amaral - what chance do they have against a European state?
hi Verdi,
ive researched the facts behind the case and from what I can see the mccanns have a very strong case. Its basically a balance between item 10 and 8. Thats the right to free speech against the right to reputation. Posters might not like it but looking at previous cases the mccanns will be sussessful. We then have the right to the presumption of innocence which the SC stated does not apply in a civil court. From past rulings by the ECHR it does.
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