European Court of Human Rights clears Portuguese justice in Maddie McCann case

Written By Lara Silva

The European Court of Human Rights (ECHR) has cleared the Portuguese justice of a complaint made by the parents of Madeleine McCann on Tuesday. The court found that Portugal had given the parents of the missing toddler a fair hearing in their libel battle against Goncalo Amaral, a former policeman.

Goncalo Amaral suggested in his book “Truth of the Lie” that the parents were involved in the disappearance of Madeleine McCann in 2007 after working on the investigation. 

Kate and Gerry McCann sued Goncalo Amaral for libel which they initially won in 2015. Amaral was ordered to pay damages, but two years later, the ruling was reversed by Portugal’s highest court.

The McCanns then appealed to the ECHR, arguing that many of their rights had not been respected in Portugal, including their right to a fair trial, right to private family life, and right to freedom of expression. 

Concerning their right to private family life, the court said that “by using social communication mediums, the applicants wanted to use all possible mediums to find their daughter.”

The court argued that by doing so, they “ended up acquiring a public reputation and entered the public sphere” and that they “inevitably exposed themselves” to scrutiny for their actions. 

The ECHR also argued that Goncalo Amaral’s book was in “the interest of public debate” and that the public “had a legitimate interest in being informed” about the disappearance of Maddie McCann.

Moreover, “The court believes that the declarations in question constitute value judgments based on a sufficient factual base. In fact, the elements in which Goncalo Amaral based his argumentation were gathered during the investigation and disclosed to the public”, said the court.

Regarding the right to be presumed innocent, the ECHR said that the book was released before the parents were descarded as being involved with the incident by the Portuguese Public Ministery. 

Kate and Gerry McCann’s lawyer, Ricardo Correia Afonso, said that they will not be appealing the decision but that they are “disappointed,” reports Reuters.

“The focus is now rightly on the search for Madeleine and her abductor(s). We are grateful for the ongoing work by the British, German, and Portuguese police”, said the lawyer in a statement. 

Known as Maddie, Madeleine McCann disappeared in 2017 from Praia da Luz, Algarve, at 3 years old. The British toddler went missing from her family’s holiday rental apartment while her parents had dinner with friends at a nearby restaurant.

In April of 2022, German child abuser Christian Brueckner, 44, was made an official suspect in the disappearance of Madeleine McCann by the Portuguese authorities. The investigation is being conducted with the help of the British and German authorities. 

Stay up to date
Subscribe To Portugal.com's Newsletter

Receive the latest news, travel information, stories, offers and more!

Invalid email address
Give it a try. You can unsubscribe at any time.
Join our FB group Portugal Travel & Living for all things Portugal and news updates

Related Articles

1 COMMENT

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Follow Us

775FansLike
20,313FollowersFollow
159FollowersFollow

Most Popular

Traveling with Pets to Portugal

Want to take your best friend with you on your next trip to Portugal? We're talking about your pet! Whether you're looking to fully...

What the November Midterms Mean if You’re Weighing a Plan B Abroad

On November 3rd, Americans vote in midterm elections that decide all 435 House seats and 35 Senate seats. Anyone who has sat through a...

How to Save Money on Your Trip to Portugal: 12 Tips to Help You Spend Less

Let’s face it: travel is getting more expensive around the world. And even Portugal, often regarded as one of the cheapest places to travel...

Latest Articles