Rosiepops
Published: Friday December 28,2007 by Christabel
What do you think of this then? The PJ setting themselves up for a fall in the European Court of Human Rights? I think so.• Posted by: Rosiepops • Report CommentSorry RosieYes I think they are and I hope they go to the European Court of Human Rights
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Why do the McPologists continue to write this rubbish when they know nothing of the law. As will be seen below the PJ simply cannot be taken to the European Court of Human Rights! Actions have to be taken against the Member State, in this instance, Portugal. The McCanns would have to be prove that one of their fundamental human rights had been breached and also have to exhaust all remedies in Portugal first - right up to the highest court of appeal. It is not a breach of human rights to investigate parents suspected of the homicide of their child and these two idiots also seem to have overlooked the fact that there are also a team of British police officers headed by a Detective Superintendent, no less, investigating them in the UK! So, they would have an awful lot of legal actions to get through both in the UK and Portugal before they could go anywhere near the ECHR and even then, they would need to have a case - which, quite clearly, they do not. We do not get any legal actions at all commenced by the McCanns - simply threats - that speaks volumes....
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If you wish to read more about the ECHR and look at case law etc:
http://www.echr.coe.int/ECHR/EN/Header/Applicants/Information+for+applicants/Frequently+asked+questions/
You may lodge an application with the Court if you consider that you have personally and directly been the victim of a violation of the rights and guarantees set out in the Convention or its Protocols. The violation must have been committed by one of the States bound by the Convention.What rights are protected by the Convention and its Protocols?The following rights, in particular, are protected :
the right to life;
the right to a fair hearing in civil and criminal matters;
the right to respect for private and family life;
freedom of expression;
freedom of thought, conscience and religion;
the right to an effective remedy;
the right to the peaceful enjoyment of possessions;
and the right to vote and to stand for election
What do the Convention and its Protocols prohibit?The following, in particular, are prohibited :
torture and inhuman or degrading treatment or punishment;
arbitrary and unlawful detention;
discrimination in the enjoyment of the rights and freedoms set out in the Convention;
the expulsion by a State of its own nationals or its refusing them entry;
the death penalty;
and the collective expulsion of aliens.
What conditions do I have to satisfy to lodge an application?
What are the conditions relating to me personally?
You do not need to be a national of one of States bound by the Convention. The violation you are complaining of must simply have been committed by one of those States within its “jurisdiction”, which usually means within its territory.
You can be a private individual or a legal entity such as a company or association.
You must have directly and personally been the victim of the violation you are alleging. You cannot make a general complaint about a law or a measure, for example because it seems unfair; nor can you complain on behalf of other people (unless they are clearly identified and you are their official representative).
Are there any procedures that must be followed beforehand in the national courts?
Yes. You must have used all the remedies in the State concerned that might have been able to redress the situation you are complaining about (usually, this will mean an application to the appropriate court, followed by an appeal, where applicable, and even a further appeal to a higher court such as the supreme court or constitutional court, if there is one).
It is not enough merely to make use of these remedies. In so doing, you must also have actually raised your complaints (that is, the substance of the Convention violations you are alleging).
You have only six months from the date of the final decision at domestic level (generally speaking, the judgment of the highest court) to lodge an application. After that period your application cannot be accepted by the Court.
Against whom can I lodge an application?
Against one or more of the States bound by the Convention which, in your opinion, has/have (through one or more acts or omissions directly affecting you) violated the European Convention on Human Rights.
The act or omission complained of must have been by one or more public authorities in the State(s) concerned (for example, a court or an administrative authority).
The Court cannot deal with complaints against individuals or private institutions, such as commercial companies.
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