29 Mar 2017
21 Mar 2017
18 Mar 2017
Arguição de Nulidade do Acórdão
Below is a copy of the McCann's request for annulment of the Supreme Court´s decision, filed by the couple´s lawyer on the 16th of February, 2017.
We understand that the filing of this appeal has a suspensive effect on the Supreme Court´s ruling.
The request alleges that the Supreme Court´s decision "lacks a foundation (...) in stating that one cannot invoke the principle of presumption of innocence in order to restrict the right to freedom of expression, because it is based on the erroneous presumption that the archiving of the criminal investigation 'was determined because it was not possible for the Public Ministry to obtain enough indications of the practice of crimes by the appellants'".
In case you are struggling with the legalese (we do), here is what we understand to be the reasoning behind the request:
1. The McCanns have invoked the principle of presumption of innocence to justify the restrictions they want imposed on dr. Amaral's freedom of expression;
2. The Supreme Court stated, in its ruling, that the above is no argument because the McCanns were not considered innocent by the investigation and the case was archived because not enough evidence was found to charge them.
3. The McCanns, because they believe the above argument is false, request for the Supreme Court's decision to be nullified.
The request alleges that the Supreme Court´s decision "lacks a foundation (...) in stating that one cannot invoke the principle of presumption of innocence in order to restrict the right to freedom of expression, because it is based on the erroneous presumption that the archiving of the criminal investigation 'was determined because it was not possible for the Public Ministry to obtain enough indications of the practice of crimes by the appellants'".
In case you are struggling with the legalese (we do), here is what we understand to be the reasoning behind the request:
1. The McCanns have invoked the principle of presumption of innocence to justify the restrictions they want imposed on dr. Amaral's freedom of expression;
2. The Supreme Court stated, in its ruling, that the above is no argument because the McCanns were not considered innocent by the investigation and the case was archived because not enough evidence was found to charge them.
3. The McCanns, because they believe the above argument is false, request for the Supreme Court's decision to be nullified.
7 Feb 2017
1 Feb 2017
Thank you
Yesterday, it became known that the Supreme Court in Lisbon ruled in favour of Gonçalo Amaral, in the long running lawsuit that was filed against him over his book "Maddie: A Verdade da Mentira".
This is the culmination of a costly, difficult process that caused a lot of pain and distress, not only to the persons directly involved, but also to many who refused to be silenced, both on the internet and 'offline'.
Nonetheless, it also brought out the very best in so many people who have shown their support, both morally and materially, over so many years. It has been tremendously encouraging and heartening, and it must unequivocally be stated that without you, it would simply not have been possible to walk this road towards Justice.
We await the publication of the Court's decision and will update you soon with relevant information.
In the meantime, there are simply no words that even remotely match the strength and the tenacity that you have dedicated to this process.
So a mere "Thank you" will have to do.
Projecto Justiça Gonçalo Amaral
31 Jan 2017
Justice has prevailed
From the bottom of our hearts, thank you to all who have made this possible.
(more to follow)
Subscribe to:
Posts (Atom)