The European Court of Human Rights decided that Kate and Gerry McCann’s reputation would have been damaged not by the detective’s book but by the fact that they were suspects in their daughter’s disappearance.
The parents of Madeleine McCann have lost a court challenge about allegations made in a best-selling book by a former investigator implicating them in their daughter’s abduction.
Kate and Gerry McCann’s attorneys contended that the Portuguese courts’ handling of their libel lawsuits against Goncalo Amaral violated their constitutional right to a private and family life.
The dispute has been ongoing for years, but on Tuesday, the European Court of Human Rights (ECHR) found that no breach had occurred.
The McCanns stated that they were “naturally dissatisfied” with the court’s decision, but that they had only filed suit over Mr. Amaral’s allegations out of concern that they might impede the search for Madeleine.
In 2007, Mr. Amaral led the investigation into her disappearance, but he was removed from the case after criticizing British police.
In his 2008 book, Maddie: The Truth About The Lie, he accused the McCanns of hiding their daughter’s body and implicated them in her kidnapping.
Madeleine, who was three years old at the time, disappeared from the family’s vacation accommodation in Praia da Luz, Algarve, Portugal, while the family was on vacation.
Even if the McCanns’ reputation had been harmed, according to the European Court of Human Rights, this was not due to the author’s argument.
Instead, this was “due to the suspicions aired against them, which led to their inquiry” and sparked extensive media coverage and controversy.
The judge added: “Before the investigative file was made available to the media and before the book in question was released, the information had thus been disclosed to the public in some detail.
“Consequently, the national authorities had not breached their positive commitment to preserving the applicants’ right to the protection of their private life.”
The McCanns have three months to file an appeal of the ruling.
In 2015, a Lisbon court ordered Mr. Amaral to pay the McCanns €500,000 in libel damages, but in 2017 the judgment was reversed and thrown out by the Portuguese Supreme Court.
In a statement issued following the verdict, the McCanns acknowledged their displeasure, but they added: “Since we initiated legal procedures against Mr. Amaral, his publisher, and broadcaster, thirteen years ago, much has changed.
“We took action for one and only one reason: Mr. Amaral’s unsubstantiated claims were harming the search for Madeleine.
“If the general public believed that we were engaged in her disappearance, they would not be on the lookout for probable clues and may not disclose pertinent information to the appropriate law enforcement organizations.
The search for Madeleine and her abductor(s) is currently the primary focus.
Investigation continues
Madeleine has been missing for fifteen years, yet her parents continue to hold out hope that she will be discovered alive.
Christian B, a convicted child abuser, was labeled an official suspect – an “arguido” – in her disappearance in April of this year.
Less than two weeks later, he claimed to have an alibi, stating that he was having sex with a young woman who could vouch for his whereabouts.
According to the Metropolitan Police, Portuguese officials continue to lead the inquiry, while the Met continues to assist.
