Appeal to the E.C.H.R.

Comments on Facebook.

'' 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 appeals 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 recently released accounts are to be believed, Kate and Gerry have applied to enter the last chance saloon; The European Court of Human Rights.

On page 5 of the uber vague accounts, we find the following quote:

"Other creditors include costs which relate to work which was carried out by the Portuguese advocate, Isabel Duarte over a number of years relating to the *libel case brought about by Gerald and Kate McCann against the discredited** Portuguese detective, Goncala (sic) Amaral (over claims made in his book), his publishers and the firm that produced a television documentary, and the subsequent DVD. The *libel action reached the Supreme Court in Portugal, with judgement given against Gerald and Kate. The case has been referred the the European Court of Human Rights ("ECHR") on an application submitted by the advocates firm IDLei.

The ECHR will provide a written judgement on the case, the timescale of which is currently unknown."

*The case in Lisbon was never about Goncalo Amaral libelling the McCanns, it was about his right to freedom of expression.

** The only people who have discredited Goncalo Amaral, are the McCanns, and the British MSM, who were of course prompted to do so by the McCanns themselves, and Clarence Mitchell.

https://beta.companieshouse.gov.uk/…/06248215/filing-history

Immediately after the final judgement of the Supreme Court, the press - as you'd expect - laid 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, will be granted a case just like that.

It isn't that easy.

Let's look at the ECHR, and whether the McCanns could 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 McPunks?)

- "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.

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:

http://www.echr.coe.int/Documents/Your_Application_ENG.pdf

http://www.echr.coe.int/Documents/Questions_Answers_ENG.pdf

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 such ideas will be born - and reality, be where they are laid to rest. ''

Drivel Spotter wrote:Comments on Facebook.

''  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 appeals 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 recently released accounts are to be believed, Kate and Gerry have applied to enter the last chance saloon; The European Court of Human Rights.

On page 5 of the uber vague accounts, we find the following quote:

"Other creditors include costs which relate to work which was carried out by the Portuguese advocate, Isabel Duarte over a number of years relating to the *libel case brought about by Gerald and Kate McCann against the discredited** Portuguese detective, Goncala (sic) Amaral (over claims made in his book), his publishers and the firm that produced a television documentary, and the subsequent DVD. The *libel action reached the Supreme Court in Portugal, with judgement given against Gerald and Kate. The case has been referred the the European Court of Human Rights ("ECHR") on an application submitted by the advocates firm IDLei.

The ECHR will provide a written judgement on the case, the timescale of which is currently unknown."

*The case in Lisbon was never about Goncalo Amaral libelling the McCanns, it was about his right to freedom of expression.

** The only people who have discredited Goncalo Amaral, are the McCanns, and the British MSM, who were of course prompted to do so by the McCanns themselves, and Clarence Mitchell.

https://beta.companieshouse.gov.uk/…/06248215/filing-history

Immediately after the final judgement of the Supreme Court, the press - as you'd expect - laid 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, will be granted a case just like that.

It isn't that easy.

Let's look at the ECHR, and whether the McCanns could 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 McPunks?)

- "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.

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:

http://www.echr.coe.int/Documents/Your_Application_ENG.pdf

http://www.echr.coe.int/Documents/Questions_Answers_ENG.pdf

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 such ideas will be born - and reality, be where they are laid to rest.  ''

The McCann's nailed to the perch.

Thanks D.S. for posting that. Do you have the link to that page on Facebook ?

Here is an open invitation to McCann supporters, who wish to sensibly debate with people you call sceptics. Dvel has said no sceptic wishes to debate about the E.C.H.R.
That is a LIE. You can come on here Davel under your normal sign on name, and you will be given a chance to debate without the McCann Moderators deleting sceptic comments.
OVER TO YOU or any of your mates,because we know you and other supporters read this forum.

I can't see that invitation being taken up, unless they have control of a forum. If any do try to join, they will have to use their sign in names on the jf, and they will be given limited access to this forum.

I feel sure DS that some have already read the link from Facebook.

I found the link.

https://www.facebook.com/groups/TheMadeleineMcCannControversy/?fref=nf

Admin wrote:I can't see that invitation being taken up, unless they have control of  a forum. If any do try to join, they will have to use their sign in names on the jf, and they will be given limited access to this forum.

I feel sure DS that some have already read the link from Facebook.

They are cowards Admin.They will only join if they can dictate terms and that won't happen on here.

''Well it seems no one wants to discuss it... Perhaps, it's, a, bitter pill for sceptics to swallow''

Ready and waiting Davel.

They read threads on here,but they don't have the bottle to register and debate when they don't have moderators to back them up.

There is no evidence that an appeal has been lodged and until it shows up on the ECHR site I can't see that there's anything to discuss.

Travers wrote: There is no evidence that an appeal has been lodged and until it shows up on the ECHR site I can't see that there's anything to discuss.

When did that ever stop them?

For the sake of correctness, this is a complaint to the ECHR about a supposed violation of rights. Appeal tends to suggest part of an ongoing case.

They only had a 6-month window of opportunity to submit their claim, and that's dated from when they exhausted their domestic remedies. I can't remember when that was exactly, but certainly it would have expired by now.

I've had a hunt through the database and there is nothing from them on the system so far, but they receive a stupid number of applications, so I don't know how long it takes for them to appear.

I will do myself an injury laughing if they are told to sod off

Watcher wrote:They only had a 6-month window of opportunity to submit their claim, and that's dated from when they exhausted their domestic remedies. I can't remember when that was exactly, but certainly it would have expired by now.

I've had a hunt through the database and there is nothing from them on the system so far, but they receive a stupid number of applications, so I don't know how long it takes for them to appear.

I will do myself an injury laughing if they are told to sod off

And won't that be the final humiliation.

Poor old Drivel will be beside himself,stamping his feet in impotent fury (or will that be Gerry?)
Whichever, it will be a sight worth waiting for.

Travers wrote:

Watcher wrote:They only had a 6-month window of opportunity to submit their claim, and that's dated from when they exhausted their domestic remedies. I can't remember when that was exactly, but certainly it would have expired by now.

I've had a hunt through the database and there is nothing from them on the system so far, but they receive a stupid number of applications, so I don't know how long it takes for them to appear.

I will do myself an injury laughing if they are told to sod off

And won't that be the final humiliation.

Poor old Drivel will be beside himself,stamping his feet in impotent fury (or will that  be Gerry?)
Whichever, it will be a sight worth waiting for.

The doctor told him he is impotent so he tries to dress and behave impotent.

He's working into a frenzy again,trying to complain black is white.

Drivel Spotter wrote:He's working into a frenzy again,trying to complain black is white.

Totally stupid ######.

Observer 123 wrote:

Drivel Spotter wrote:He's working into a frenzy again,trying to complain black is white.

Totally stupid ######.

He's not worth the bother.
A McCann spammer,there to cause arguments and havoc.

He is being made to look very foolish on the UKJF.Mind you,what's changed.He's been doing this for years.