Monday, 25 October 2010

Truths and Rights



Just as unlawful guilt has to be proved, unlawful death has to be proved.

The universal declaration of human rights.
Article 11.
(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
The McCanns are not just presumed innocent. They ARE undoubtedly innocent, as there has never been a charge brought against them to question that fact and to afford the right of presumption. Therefore also, the argument that there is no proof that Madeleine is alive is meaningless, as there are no charges brought considering her unlawfully dead.

Article 12.
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
The investigation is shelved because the police could not convince the prosecutor that there was valid evidence for a case to be answered. That is the legal situation. So a book and documentary that informs the public that Madeleine is dead through the involvement of her parents because of what ‘Sr Amaral knows’, can only be a false accusation. False because the justice system says 'Goncalo Amaral does NOT know' enough to have even charged anybody of any crime.

Morally and democratically the only body that has to be convinced, by the PJ, that charges are brought and suspects tested in court is the justice system and the door to a court case is the prosecutor. That is democracy. If the prosecutor decides that there is no case to be answered then the police must either accept his decision, or find more evidence. It is not morally right or democratic for a policeman to retire from the PJ and publically propagate suspicion at those who the justice system concluded has no case to answer. That is challenging the justice system by disregarding it, challenging the McCanns by false accusation and damaging to Madeleine's right to be considered alive and not unlawfully dead and worthy of being searched for with the invitation of information to facilitate finding her.

This article 12 of the universal declaration of human rights also questions the appeal judge that revoked the book ban. The judges reasoning that the McCanns lost their entitlement to privacy and public opinion about them because they had no choice but to publicise the case for Madeleine’s sake did not also consider that the declaration states ‘nor to attacks upon his honour and reputation’ This categorically makes the statement that honour and reputation is not discriminated by publicity or privacy.

The writing is on the wall for Sr Amaral.