Tuesday 20 September 2022

NO VIOLATION BY PORTUGAL


Just a quick note:

The McCanns can request referral to Grand Chamber and they have 3 months to do it, but in our opinion, it’s unlikely to be granted.


Update on Oct 18, 2022


It seems the McCanns filed an "appeal" to prolong the process.

Although it's our opinion that that it will not be admitted, in case it is this could delay matters for another 3 years, if we are interpreting this correctly:

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

A decision on admissibility comes first, then a possible wait of 3 years if application is admitted.

That would allow for OG to continue so that FOIs can be denied on the basis they could interfere with an ongoing investigation.

19 comments:

  1. https://amp.theguardian.com/uk-news/2022/sep/20/madeleine-mccann-parents-lose-challenge-over-portuguese-libel-case

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  2. But...but ... but....

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  3. https://www.rte.ie/news/2022/1011/1328534-mccann-suspect-charged-over-rape-of-irish-woman/

    This victim is Irish and in Praia da Rocha....

    As we have said, we do not consider Brueckner a commendable individual but what we cannot and will not accept is for an innocent to pay for a crime s/he did not commit irrelevant of how evil s/he may be or whatever other crimes s/he may have committed.


    The title is clear “McCann Suspect” but unrelated offences as predicted:
    https://www.bbc.co.uk/news/uk-63218642 - Madeleine McCann suspect charged with separate sex offences

    Another newspaper:
    https://amp.theguardian.com/uk-news/2022/oct/11/madeleine-mccann-german-suspect-charged-sexual-offences-portugal

    It’s all as expected and we will be extremely surprised that that he will ever be charged in the Maddie.

    However, let us make it clear once again that we REAALY want him to be charged with the Maddie case as this would seem to be the only way to open up the case to the scrutiny it requires. Otherwise the name of Brueckner will be forever falsely linked as her abductor. A true scapegoat – an man with a crime on his shoulders he did not commit

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  4. https://www.dailymail.co.uk/news/article-11305391/amp/Police-hope-charge-Brueckner-Madeleine-McCanns-abduction-murder-Christmas.html

    Wolters says “ Maybe we can bring a charge or maybe we can’t “ … so nothing is certain πŸ˜‚πŸ˜‚πŸ˜‚

    Also appealing against current rape conviction.

    Oh, on an unrelated note, do readers still remember the certainty there was that Brueckner was going to be charged before Christmas… last year?

    Are we before a new Christmas tradition?

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  5. Puts off paying court costs too?

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  6. It's been showing this since the judgement date in September and it hasn't changed, so I don't think it means they have appealed, just that we are within the three month period where they could file an appeal.

    Doug D

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  7. Maddie will never have justice. That is now clear, though I salute you for your perseverence, but it will never happen.

    And neither will there be justice for Ben Needham.

    Currently, we are all fighting against being enslaved by the bio security state, and digital identities, and CDBCs. The world has moved on. We are fighting global enslavement, and Maddie and Ben will never have justice.

    That is the sad state of affairs we are in.

    Nuala

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  8. https://www.echr.coe.int/documents/note_gc_eng.pdf

    According to page 23 para 54, the McCann Healy case should have reached the final judgement stage at midnight on December 20th, if they had not requested a referral to the Grand Chamber.

    The fact that the ECHR website still shows the case as “ possibly requesting a referral to the Grand Chamber” suggests the case may have been referred, unless the website isn’t updated regularly. 

    In fact, as ECHR website remained today as it was yesterday, we think it's likely that the McCanns have requested the referral.

    Why wouldn’t they request a referral, even if anticipating a rejection? It costs nothing and kicks the ball down the road for another few months.

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  9. Team Textusa, I wish you a Happy New Year. And thank you for your great work. Always happy to read you.

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  10. It's finally over, although the ECHR portal still hasn't been updated.

    E-mail received from ECHR this morning:

    noreply, echr
    Mon 09/01/2023 09:09

    Application no. 57195/17
    McCann and Healy v. Portugal

    Dear Sir,

    I acknowledge receipt of your email.

    In reply, I would inform you that, no request having been made under Article 43 of the Convention for the application to be referred to the Grand Chamber, the judgment became final on 20 December 2022 at midnight (Central European Time), in accordance with Article 44 § 2.

    The judgment is available on the Court’s Internet site (www.echr.coe.int) (Article 44 § 3 of the Convention and Rule 104A of the Rules of Court).

    Yours faithfully,
    The Registry of the European Court of Human Rights

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  11. Textusa so where do you think the case goes from here. Will operation Grange close. Will the Main Stream media now be able to print details

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    Replies
    1. It would be purely guesswork to predict but we will first wait to see what the January meeting in Weisbaden decides about possible charges against CB.

      IF a decision is made to charge him with anything connected to the Maddie case, for which he currently has arguido status, we would be pleased, as we have always stated, as it could open the whole situation to scrutiny. For that reason alone, we don’t think he will be charged.

      Operation Grange will continue, in name only, whilst a decision about charges against CB is outstanding. If he isn’t prosecuted, his name will be forever linked to the case and those who want to do so, will claim he was involved. 

      The media will continue to report with varying degrees of accuracy, but less enthusiasm, given that the public seem bored with the subject and have more pressing issues to worry about. Comments online on newspaper articles are predominantly sceptical about CB’s involvement. 

      The McCanns will continue to express their hope she is still alive, keeping their options open, the Fund ongoing and Operation Grange resisting all FOI requests

      Delete
  12. The translation, notice the last sentence , if at all ?

    By: KAI FELDHAUS
    01/13/2023 - 06:20 p.m

    Braunschweig – It is the next volte in the never-ending story of the investigations against Christian BrΓΌckner (46).

    The Braunschweig public prosecutor's office has brought charges against the man who is said to have kidnapped and killed little Maddie McCann (then 3) in 2007: This year he was to be tried at the Braunschweig Regional Court for rape and sexual abuse of children. The charges are based on evidence uncovered during the Maddie investigation.

    But now it is suddenly no longer clear whether Braunschweig is even responsible for the case!

    SPECTACULAR CRIMES
    The case of Maddie McCann

    Spectacular Crimes: The Maddie McCann Case
    Source: IMAGE
    12/29/2021
    44:41
    ︎ BrΓΌckner's defense attorney, the Kiel star lawyer Friedrich FΓΌlscher (38), has questioned the jurisdiction of the regional court. The public prosecutor derived it from the fact that the suspect had his last registered place of residence in Germany in 2016 in Braunschweig. That, says FΓΌscher, is not enough.


    "As early as September 2022, I informed the public prosecutor in writing that I believe that jurisdiction is based on incorrect legal considerations. The Federal Court of Justice has long since decided that where a suspect is registered does not matter when establishing a place of residence. Before he was arrested, the accused lived abroad on his property in Neuwegersleben,” the defense attorney told BILD. In the small town in Saxony-Anhalt, BrΓΌckner owned a dilapidated warehouse.

    BrΓΌckner is said to have lived in this warehouse in Saxony-Anhalt
    BrΓΌckner is said to have lived in this warehouse in Saxony-Anhalt

    Photo: Peter Gercke
    The public prosecutor's office and court in Magdeburg would be responsible. Frankfurt am Main would also be conceivable, “because the suspect was handed over there as part of the extradition to the German authorities,” FΓΌlscher continues.

    What does Braunschweig have to say about this?

    "We are assuming that we are responsible, but are examining the circumstances communicated for the first time by the defense counsel, which are intended to establish a different local jurisdiction," said prosecutor Hans Christian Wolters.

    The district court of Braunschweig refers to the ongoing examination and does not comment. According to BILD information from legal circles, however, the regional court tends to be willing to follow the arguments of the defense attorney.

    Defense attorney Friedrich FΓΌlscher (38)
    Defense attorney Friedrich FΓΌlscher (38)

    Photo: private
    So something new in Magdeburg?

    A possible advantage for the accused: The responsible public prosecutors in Braunschweig are deep in the accused cases as well as in the case of Maddie. In Magdeburg or Frankfurt, the public prosecutor's office and the court would have to familiarize themselves with the matter from scratch.

    It would be questionable how soon the rape proceedings could then be opened. And if at all.

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  13. It's official: CB will NOT be charged! As you predicted would happen, Textusa. The McCanns are no doubt breathing a sigh of relief as they will not be called to testify in a court -- and they can continue their shameful hoax saying Madeleine was abducted and that she's still alive. When oh when are we going to see justice in this case?

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  14. Textusa what’s your take on the latest search of the reservoir search…..more nonsense ???

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  15. Textusa, come back please! We're missing your insightful posts!

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