17 December 2009

Gonçalo Amaral: "This is a Book of Protest"


 «Freedom of Expression is the Enemy of the Limitations to Criminal Investigations
and of the Public Opinion Manipulation»

«35 years after the '25 de Abril' [74 Carnation Revolution] I never thought that I would write a book on Censorship and Freedom of Expression». These were the first words spoken by Gonçalo Amaral at the presentation of his new book in Oporto. In 'The English Gag - The Story of a Forbidden Book' the former Judiciary Police Inspector tells how he saw his first publication, about the Maddie Case, being taken out of the market in September.

"This is a book of protest", said Gonçalo Amaral to SAPO [Portuguese Web Portal], stating that he is not outraged with the Portuguese Justice "that is still working" but with the way that the provisional injunction imposed by the McCanns was made.

"It was taken in secret [the decision] without all the parts being heard", explained the former PJ Inspector who wrote 'Maddie, The Truth of the Lie' in 2008.

The McCann couple also accuses Gonçalo Amaral of defamatory statements and ask, at least, for 1,2 million Euros. The trial was postponed to January. Gonçalo Amaral believes he can win the case.

Also present at the book launching [in Oporto] was the jurist and author, Carlos Abreu Amorim, who also disagrees with the injunction imposed on Gonçalo Amaral.

Carlos Abreu Amorim, one of the author's of Blasfémias blog considers the injunction an attempt to impose a "single version". "The McCann couple was able to impose on the Portuguese Justice the idea that Gonçalo Amaral's thesis is false", said the jurist, considering that the prohibition of the book was "an attack on the right of freedom of information".



Voice Over: The new book by Gonçalo Amaral can be understood in its title. The former Judiciary Police Inspector who followed the Maddie McCann Case at the beginning, wrote 'The English Gag' that reveals the story of a forbidden book. Gonçalo Amaral tells his readers how he saw his first book go out of circulation, at the same time that he reflects on censorship and freedom of expression.

Gonçalo Amaral: This is a book of protest. It's not a book of revolt against the Portuguese Justice, because the Portuguese Justice is still working. Now, it is the Portuguese Justice who allows this type of precautionary measure [the injunction] without the parts, without the requested parts being heard -  The decision regarding the injunction was made in secret. It is this system, this Justice between inverted commas, this system that we have and the lack of other jurisdictional resources, as for example, the recurso de amparo [constitutional proceeding]* which lead us to this moment, where after a few months we are still waiting for a decision, and after we certainly still have to go to another instance [a superior court], until one day we finally reach the Constitutional court. So, there isn't a recurso de amparo* which could allows us to go straight to the Constitutional Court to question what is happening relatively to this matter.

Voice Over: The first book by Gonçalo Amaral, 'Maddie, The Truth of the Lie', was taken out of the market in September[2009] via a temporary injunction imposed by the McCann couple, who also accuses the former PJ inspector of defamation. With the beginning of the trial set for January, Gonçalo Amaral believes he can win the case.

Gonçalo Amaral: I have hope, I have faith and I have the certainty that Justice will be made, and we will win this cause. I have no doubts regarding that. If the other book will be published again that is an editorial matter that does not include me. Actually, the period for the book, that is another strange issue... All the books have a life period, the life period for that book had already ended, the book wasn't selling anymore, in fact, it started being sold again because of the injunction. So, the ends to which it was destined [the injunction on the book] only caused more problems, if the book indeed caused, as alleged, problems to the search of the child [as per McCann's claim].

Carlos Abreu Amorim, Jurist: I believe this decision will be reverted, because this decision does not have any sustainability, and in fact, I believe that the Portuguese magistrates - I have already said that in the Judiciary Studies Center and I say it now here in public - they should start being more careful and have a better preparation in what concerns the fundamental rights.

Voice Over: What is left to know is if the second book by Gonçalo Amaral is also going to be forbidden to circulate on the market.

Gonçalo Amaral: People asked if the book wouldn't be forbidden again, this book. Usually I tell them "let's see" - in terms of let's wait and see - but that would be the limit, really. To forbid a book that is exactly on that matter, on freedom of speech, on another book that was forbidden. I think it would be a redundancy.



* recurso de amparo has no adequate translation in English, therefore I'll quote a paragraph from 'A Justiça Constitucional nos 30 Anos da Cosntituição Portuguesa Portuguesa: Uma Aproximação Ibérica' by António de Araújo and J.A.Telles Pereira in an attempt to explain the meaning.

O recurso de amparo

Um dos traços distintivos da justiça constitucional portuguesa, comparativamente a
outras jurisdições constitucionais, designadamente à espanhola, consiste na inexistência de um tipo de recurso passível de ser qualificado como de “amparo” ou de “queixa constitucional” (o recurso de amparo ou o Verfassungsbeschwerde previstos, respectivamente, nos sistemas espanhol e alemão). Referimo-nos, a propósito de amparo, ao estabelecimento de uma forma processual (recurso ou acção) especificamente destinada à protecção dos direitos fundamentais, com vista a obter um juízo de constitucionalidade relativamente à actuação de titulares do poder político, da Administração ou do poder judicial. Concretamente aquilo que a Constituição espanhola prevê no seu artigo 53º, nº 223 e que a Ley Orgánica Del Tribunal Constituciona 24 regula no seu Titulo III (artigos 41º a 58º).

The recurso de amparo

A distinctive feature of the Portuguese constitutional justice, compared to other constitutional jurisdictions, particularly in relation to the Spanish one, consists in the absence of one type of resource that can be described as "assistance" or "constitutional complaint procedure" (the resource to complaint or Verfassungsbeschwerde, foreseen respectively, in the Spanish and German systems). We refer, on the purpose of assistance, to the establishment of a procedural form (resource or action) specifically destined for the protection of fundamental rights in order to obtain an assessment of the constitutionality in relation to the conduct of the holders of the political power, of the Administration or of the judicial power. Specifically what the Spanish Constitution provides in its Articleº 53, nº223 and to what the Ley Orgánica del Tribunal Constitucional 24 establishes in its III Title (Articles 41º to 58º).






48 comments:

  1. Even though I can`t understand Portuguese, Goncalo Amaral has me spellbound - it must be his relaxed, understated way of talking - he emanates integrity.
    Louise

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  2. I admire your tenacity Goncalo.

    Best wishes.

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  3. I just love that photo of Amaral on the book cover :)

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  4. Powerful people have powerful enemies .

    Carter Ruck will be shot down in flames not only in Portugal but also in the U.K. The Guardian Newspaper beat them hands-down when they tried to put a gag on their organisation . The U.K. population are becoming more aware of the evil Carter Ruck represent against the Freedom of Expression .

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  5. Yes, Louise (1) he does have that awesome intellect and brilliant mind. What's more: he is the most honest man you could imagine.

    My blessings to him and his family.

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  6. well, at least he "emanates" a great deal more than his opponents, his manner is convincing and his protest is completely justified. It's gratifying to see that in this breathing space Sr Amaral is mustering strength, probably more than can be said of the Mccanns.

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  7. "It was taken in secret [the decision] without all the parts being heard"

    The above is what I find incredible.

    #1 - Spot on! I also think he emanates honesty and his courage is a powerful force. 2010 imo will not be a non news year!

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  8. Campaigns are beginning in the UK as people are angry about the high cost of UK libel laws. The 'Libel Reform Campaign' wants limits on damages, controls on costs, and a strong defence of public interest. A petition launched last week says that, "journalists, authors, academics, performers and blog writers cannot risk the extortionate costs, which means that they are forced to back down." (source: Sunday Times).

    www.libelreform.org

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  9. It is hardly surprising that the injunction was allowed if there was only one side being heard.

    Justice is supposed to be blind. That's why both sides should have been heard before imposing a draconian injunction of not only gagging the book, but all the rest that was imposed.

    It is absurd justice, and would be more appropriate at the Mad Hatter's Tea Party.

    I hope Portugal can free itself from these kind of justices.

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  10. Anon 10 - looking on the positive side, its probably been a blessing for Goncalo and a curse for the McCanns because its actually made the world more interested in Goncalo`s book and more disgusted with the McCanns. :))

    Louise

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  11. Joana, there's an interview with Carlos Abreu Amorim in CdM about the book. Here's the link:

    http://www.correiomanha.pt/noticia.aspx?contentid=44399E83-D489-4074-B695-3EB1BF21AD17&channelid=00000093-0000-0000-0000-000000000093

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  12. Because we have secret justice in the UK we have no idea what letters from Mrs. Justice Hogg or other of their pliant UK judges they might have brought with them. They might also have had letters from CEOP or some other arm of the Police in the UK who would have backed them up and complained the book was hampering investigations.

    We've no idea. This isn't justice. This is back door influence.

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  13. thanks Shubob, after I end this one I'll translate CAA'S column.

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  14. Thank you,Joana,for informing us how to order A Mordaca Inglesa.
    I checked on Wook and it will take 30 days to arrive at my home.


    By the time it arrives here,within 30 days,

    Amaral will probably have written at least two more books,
    "Angels in Pyjamas"and "New Saints in Fátima".
    He loves writing and we love reading his work.
    Thank you again, Joana.

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  15. Anon at 13, yes, you may be right.

    And who knows whether they have doctor's reports on the fragility of Kate, or whatever.

    I personally think she is as hard as nails, and more so than Gerry.

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  16. @ post # 13: "This isn't justice. This is back door influence."

    I couldn't agree with you more.

    Thanks Joana.

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  17. Here we go again..."Madeleine new appeal"
    Friday December 18,2009
    By Daily Express Reporter

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  18. Oh God, yes...the Christmas appeal.

    "Do the right thing and tell us what you know".

    Indeed, Tapas 9. Do the right thing. Break up the pact of silence and tell us what you know.

    No one is convinced by this pantomime that's kept going from January to December every year.

    The entertainment is over. Time for some truth.

    And to the UK journalists who visit this site: stop being McCann messengers and start doing your job. So far you have been utterly pathetic. Not even analysing what's in the police files or asking one decent question of the McCanns.

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  19. More power to your elbow Goncalo Amaral. You have more guts in your little finger than our police and media put together!

    Anon 19. The Tapas pals are also being protected and allowed to remain silent (apart from their unbelievable statements taken by the LP's). If this was a disappearance of any other young child where parents have been villified again and again by people not believing their account of what happened, I'm sure the friends who were with them and knew they were innocent, would have been shouting from the rooftops about their innocence. Instead they have gone underground, apart from sueing one newspaper and making themselves a bit of money (said to have been paid to the Madeleine Fune)they have hardly uttered a word in public in defence of their pals, the McCanns. I think they know a lot more than they care to admit but are being protected just like the McCanns.

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  20. there seems to be a lot more to this than meets the eye, im sure i read once that " condemnation without investigation is the height of ingorance" how come this verdict of censure was passed without clarifying what was defamatory. has the judge even read any of this book but then between a corrupt justice system and an unfair civilisation that favours the rich what else can we expect lol.

    merry christmas to one and all on here and joanna thanks for all your hard work translating all this for us english. we are very grateful for your help and effort. if i was fighting in amarals corner id be glad to have you as an ally.

    may the new year bring the justice we all crave for little madeleine.

    steve uk

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  21. The Tapas lot should all have been asked what Gerry McCann was wearing that night, to see if any of them would come up with the answer 'a dark top and light coloured trousers'.

    I wonder if any of them would still now be willing to answer that.

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  22. One of things that should be tested by the dogs is that great big buggy the McCanns were using in those first few days after Madeleine disappeared, you know the covered one with the red blanket spread along the bottom.

    They used various buggies, some very similar, but that one in particular ought to be accounted for. Where did it go? Did they take it back to Rothley, or did somebody take it back for them?

    Wasn't there word at one time that they had a buggy stolen. Is that how they accounted for it being missing?

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  23. There just needs to be that one piece of evidence that makes it obvious that the McCanns knew Madeleine was dead, and they are sunk.

    Their subsequent actions would be considered fraud on a massive scale.

    They would more than likely get more punishment for that than for hiding Madeleine.

    Not to mention all the people who would be suing them, who have been dragged into this case and suffered on the basis of lies.

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  24. A buggy stolen, a blue bag missing, a wallet stolen....

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  25. Anon 22
    I seem to remember reading, I think it was in the 2008 interviews, a question about what they were all wearing, and the answer being something like "err, maybe, sort of, I don't remember".

    One thing sticks in my mind: O'B was very upset at people who questioned his changing of the sheets that night. He went on about there being a washing machine and him knowing how to operate it.
    Well, was there a dryer too? Because changing sheets normally means replacing them with clean dry ones...
    He was a long time in his apartment, right next to 5A...

    It seems to me there was a whole lot of washing during that hol. Didn't K even wash the curtains? Do people normally do that on hol?

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  26. Totally agree poster 16 IMO Kate is as hard as nails and as cold as ice ,she has no emotion whatsoever in here eyes ,I watched a programme on Myra Hindley the other night ,Kate has the same ,cold,hard stare as her ,spooky !!!

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  27. I checked the Christmas appeal article in the Express. Comments not being taken. Why can't there be comments on a Christmas appeal. Why can only the duo's words be printed about the appeal.

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  28. Daily Mail is taking comments on the appeal. I've seen the "new" photo before somewhere.

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  29. Daily Mail removed the comments. Why can't we have our say. I wrote a very polite comment about answering 48 questions and going back for a reconstruction to help with getting the child returned. Don't know if it got printed.

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  30. Disregard my previous post about DM not taking comments. They are back. Thanks!

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  31. I have given up trying to post comments on DM. My comments were never impolite but I have never had one printed. Now I have to be content with clicking on the arrows.

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  32. Anon 32 I do the same with the arrows. It is amazing how both pros and cons think she has been "taken".

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  33. Comments have gone again.

    Isn't this just the McCanns now trying to destroy the CEOP "up to date" images to restart the erroneous sightings and start the cash rolling in again?

    I hear Gerry is to have a Paypal "Pay Now" button tatooed onto his forehead.

    I wonder when was the last time they even gave their poor dead daughter a second thought. I'm talking about poor Madeleine - not the cash cow they have created. They truly are the most despicable pieces of dog turd that have ever landed on this Earth.

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  34. Spare place at the table my arse........

    That chair is piled high with t-shirts and good quality wristbands.

    Scum, pure unaldulterated scum.

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  35. Yes, she was 'taken'.

    Taken and hid somewhere, so the cops wouldn't see her dead body in the apartment.

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  36. There is a lot of the benefit of the doubt being given as to how Madeleine died. It is being assumed that an accident happened by Madeleine having fallen from the settee.

    Yet how do we know that she wasn't killed by somebody where the cadaver scent and blood was, and left there. Then to make it look like an accident, the settee was placed like that.

    After reading the statements, it seems like the Tapas had begun checking on the kids of the others that night, as well as their own. Usually they only checked their own. Whose idea was that?

    It was only by chance that Madeleine was not found before she was moved away and hidden. Was she initially intended to be found, and is there still suspicion amongst certain people as to what really happened to Madeleine?

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  37. I still think that Madeleine died on 1st May, that night that Mrs Fenn heard cries of Daddy, Daddy - was it cries of Maddie, Maddie and hence Kates later lie that they don't call her Maddie (another lie).

    The body was perhaps moved or lots of cleaning up activity on 2nd May. Look at the unusual phone records (deleted by the consummate liars) for that day, in contrast to any other day especially. Remeber, the apartment was cleaned to almost surgical standards, that could not have been done on the same evening as she went "missing".

    An excellent post with those phone records by Himself here:

    http://goodqualitywristbands.blogspot.com/2009/11/lies-of-kate-and-gerry-mccann-deleted.html

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  38. Or was kept in a fridge/freezer Anon 38.

    Is that why Payne said the McCanns had been having trouble with their fridge? To account for there being a different one there.

    The McCanns credit cards needed to be checked, but of course, they were not available for that. Also, Payne's credit cards. Was there payment for a new fridge put on his card?

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  39. Another good point 39.

    There had to be good reason for not allowing the credit and debit card records. Why? To cover up the purchases of cleaning materials, fuel perhaps in far off locations, fridges, etc.

    Just more proof of how deep this goes is the refusal to hand over financial records.

    And how unfortunate Gerry is, losing bags, wallets, fridges.........

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  40. What I've noticed that's missing from the British press in the past week is the fawning "Poor Kate" articles by the likes of Fiona Philips, Lorraine Kelly, India Knight and Alison Pearson. Why is that? Have they not read Kate's bleeding heart report from Praia da Luz? Are they too fed up of the farce?

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  41. I believe Jim Gamble of CEOP relied on credit card information during Operation Ore.

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  42. Gerry said his wallet was stolen, but did his wallet have his credit cards in?

    I can't remember, but I know that Gerry McCann had said they had no credit cards, and then the investigators found out he had paid for the hire car with one.

    How do they get away with an untruth like that?

    They never did get to see the credit card account though.

    Same with Madeleine's medical record. Unbelievable that was never available. For all anybody knew she may have had some serious underlying health problem.

    The investigators have had to rely on what the McCanns have told them as being truth. Yes, the McCanns are truthful, not. The credit card business should answer that one.

    They should have believed nothing said by the McCanns unless it was independently verified.

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  43. I think it's all there, talk about circumstantial evidence. We are supposed to believe all these things are coincidence.

    How many more supposed 'anomolies' are needed before somebody steps in and charges the McCanns.

    Or, are they waiting for a confession? Methinks they are in for a very long wait.

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  44. @43
    I believe his wallet was stolen which in turn made him late for his london appointment/s ?
    the wallet was said to have been returned missing the sterling but left with other important bits and pieces?


    the rest of your post asks all valid questions which remain unamswered!
    Any investigation would want this type of information as a basic requirement and it was all asked for on numerous occassions by the PJ following all correct protocol.
    it was refused ?

    There is no question that this case has been corrupted at every turn where Goncalo's direction gains consolidation.
    The proof is out there, the case IS solvable.

    mojo

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  45. Dear Mr. Amaral, we need in Spain a honest man like you, able to investigate some obscure cases such as "The triple Alcasser Crime" and later young Marta del Castillo crime. Both and many others are State lies, to cover dirty bussiness.
    Pity, we have no professional able to really "investigate" and bring to court the real delincuents.
    God bless you, mr. Amaral, Portugal should be proud of people like you. Happy Xmas.

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  46. Make Amaral's books available in English on Amazon. The McCanns are not GOD though they think they are.

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  47. Mr Amaral is known for telling the truth and exposing the vile couple , their friends and their hired 70k mouthpiece . People are not foolish we now know what is the truth , Mr Amarals , book has opened the eyes of the people from all over the world , and Joana needs to be thanked too for her hard unpaid work . \The Mccanns are a vile hideous pair who will soon face the pleasure of going on a very long holiday , the TRUTH WILL PREVAIL .

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