The McCanns, Danie Krügel and the 'quantum sniffer machine'

31 January 2010 | Posted by  84 comments
Danie Krügel the inventor of the 'quantum sniffer machine' is back to the UK news, Daily Star of the Express group [the media group that had to pay for out-of-court libel settlements twice to the McCanns and their Tapas friends] bring us a rehash of old news that were published in 2007 (Daily Mirror) and 2008 (Saturday Star) with far more detail and information.
«SLEUTH: I CAN FIND MADDIE»

By Jonathan Corke
31st January 2010

A FORMER cop claims he has identified the area where he says Madeleine McCann is buried.

South African Danie Krugel says it is just 500 yards from the holiday apartment in Praia da Luz, Portugal, from where Maddie disappeared. The area is a wasteland, full of building rubble, rocks and black, plastic bags. It is one of two “priority search” locations highlighted by the former detective – one close to the complex and one near the beach.

Krugel – known as “The Locator” for his success in tracing missing people in South Africa – was called in by Kate and Gerry McCann two months after Maddie vanished. He used DNA tracking – helped by a strand of Madeleine’s hair given to him by Gerry – and GPS satellite to pinpoint the area. He has also highlighted an area where he spotted a muddy pink and white child’s blanket.

Findings

He claims he didn’t remove it because he didn’t want to interfere with the police investigation. He then drew a map and gave a detailed report of his findings to local police. But he says a full search for Madeleine, who vanished shortly before her fourth birthday on May 3, 2007, never took place. Krugel told the Daily Star Sunday: “If they want me to go with them I will. “

I’m convinced they will find her. I will do whatever I can to help. That area needs to be properly searched.

“If it means training up officers from Scotland Yard in how to use the technology, I will do that.

“There needs to be a proper team of experts.”

Kate and Gerry, both 41, of Rothley, Leics, are convinced Maddie was abducted and is still alive.

But Krugel said: “I believe the truth will come out and I pray for the family that they get their answers. There is somebody out there that is guilty.”

Previous

'Maddie lies here' (January 26, 2008 Edition 1)

«Former South African police superintendent Danie Krugel is haunted by the muddy pink and white child's blanket he found at the site in Praia da Luz in Portugal where he believes the body of Madeleine McCann is hidden.

Now, due to his frustration at the lack of progress in the case, the ex-cop - dubbed "The Locator" as a result of his high rate of success in tracing missing people in SA - has broken his silence about the results of his search for Madeleine last year and revealed a map of the area where he believes she is buried.

With the consent of her parents, Gerry and Kate McCann, Krugel spent three nights searching for missing Madeleine (4) in July, using the Matter Oriented System (MOS) equipment he has developed.

The site he outlined to be searched for Madeleine's body is a wasteland, full of black refuse bags, building rubble and rocks, and is located only 900m away from the Ocean Club resort apartment where the McCann family were staying in Praia da Luz.

Krugel said sniffer dogs and a full forensic team should have searched the area, but this had not happened.

"I kick myself every day that I didn't pick up the blanket. I just didn't want to disturb the investigation. The blanket was full of mud and had a light white, light-pink colour, and it was definitely a child's blanket.

It was also clear that it had been in the elements for a while. I showed the police the blanket but I don't know if they picked it up," he added.

Taking a hair from Madeleine's coat, which was given to him by her father, Krugel's equipment repeatedly gave him signals that led him to the site, which is within walking distance of the apartment. Madeleine is alleged to have been kidnapped while her parents dined at a nearby tapas bar.

Krugel said he gave a copy of the map to Madeleine's parents and to the Portuguese police at the time, but refused to disclose details of his findings to the press for fear of anyone trying to disturb the scene. Now he wants to return to Praia da Luz to see if his equipment indicates that Madeleine's body is still there - or if it has been moved.

Asked whether he would like Krugel to return to search for Madeleine, Gerry McCann said he had no say in the matter.

"Kate and I have no control over who is allowed to go come and go into Portugal.

"This is a matter for the Portuguese authorities. Officially I cannot comment further, sorry."

After his search, Krugel requested the Portuguese police to use sniffer dogs and a forensic team to search the area. But when they were brought in a few weeks after he left Portugal, the sniffer dogs picked up a scent on Kate McCann and in the hired car, which changed the focus of the investigation, he claimed.

Portuguese police have now named three suspects in the case: Gerry and Kate McCann and Praia da Luz resident Robert Murat.

"After the sniffer dogs were brought in, I think the police altered their line of investigation, and I don't believe they searched the area I gave them.

"I am almost 90% sure Madeleine is dead. There is always the slight possibility that she could be held hostage in one of the houses in the area on my map, but I feel this is very unlikely. If her body had been moved, my equipment would tell me she is no longer there. » more here

The facts as per Danie Krügel's words [from his site]

Madeleine McCann

Danie was in Portugal during July 2007. As from the second day of her disappearance they have made every attempt to assist in the search for her. Not to jeopardize the investigation in any way Danie requested the McCanns and the police not to reveal his involvement until the conclusion of the investigation. Danie provided a full report with detailed maps of her location for searching. It was subsequently provided to the McCanns and Police.

Map location of Madeleine: July 2007


After five months of fruitless efforts to find Madeleine, despite detailed information given by me to all relevant parties, I have now decided to publish this information so that any member of the public who is willing and able to assist in the search for Madeleine may have access to the very same information I have been providing to the parties involved since July 2007.

I know that even if she was moved after July 2007, there will still be evidence of her presence in this area.

I have done my very best, and believe my findings are correct.

My heart goes out to all who knew and love her.

Who is Danie Krügel

From the site 'Stop Danie Krügel': «Danie Krügel is a former South African police officer currently employed as Director of  the Protection Services and Occupational Health & Safety at Bloemfontein’s Central University of Technology. Mr Krügel claims to have invented a novel technology called a “Matter Orientation System” (MOS) for locating missing items and people, and he has featured in numerous newspaper articles and investigative TV programmes in SA [South Africa] such as 3rd Degree and Carte Blanche where his claimed ability has been naïvely highlighted, usually in connection with missing persons cases. The disappearances of  Madeleine McCann and, more recently, Kerry Winter are among the more prominent cases in which Mr Krügel’s help has been requested, but there are several others including that of 7-year-old Sheldean Human, policewoman Francis Rasuge and Anisha van Niekerk.

Mr Krügel is very secretive about his alleged invention but insists that it is “science, science, science! … just science,” using quantum principles in conjunction with the global positioning satellite system (GPS). Briefly, he requires a small sample of the material whose source he is asked to locate – a cutting of hair in the case of a human – which he then uses to perform what he calls “measurements” from a few different positions before announcing the source’s current location within reasonable limits. Scientists overwhelmingly agree that there is no known mechanism that can account for Mr Krügel’s supposed technology working as he describes, and they are therefore eager to validate his claims to novelty. However, Mr Krügel appears overly reluctant to submit to any formal testing by an independent and trustworthy authority. His main concern seems to be that he will have to reveal his trade secrets, a concern that is invalid since such testing need not establish how it works, only that it does work.

For people and families whose loved ones have disappeared, especially young children, Mr Krügel’s claims are a beacon of considerable hope and therein lies perhaps the most compelling reason for Mr Krügel to verify his claimed abilities. How much more ultimately cruel and ruinous is it to live in protracted false hope than to face a potentially devastating truth – a false hope that has been actively nurtured by uncritical media with a craving for perpetual sensationalism? Added to which, if Mr Krügel’s claims do not prove out, there exists a clear danger of significant amounts of wasted effort in pursuing false leads. Recently, Mr Krügel has also claimed that his device is able to detect cancer and other diseases in patients, a claim that is clearly dangerous if found to be untrue.

For these reasons, it is essential that Mr Krügel’s ongoing promotion of himself and by the media be opposed until such time as the validity or otherwise of his claims has been determined.»

Questions Raised About Krügel

Krugel has also run into some heavy opposition from the scientific community and from skeptics alike, mainly because he refuses to allow his device to be tested or examined. He says he will only do so once the patent has been registered. Common questions about Krugel and his controversial Matter Oriented System (MOS) equipment are:

* Why has Danie Krugel not published his findings for peer review by the scientific community?

* Why does he keep appearing on television instead of publishing in peer review forensics publications or engineering journals?

* Why will he not let anyone else have access to his “quantum physics-based” device”?

* How can a former police officer with no training or education in engineering or science possibly come up with such a sophisticated device?

in  Suite101: Danie Krugel – Finding Missing Persons: Secret Emerging Technology Based on Quantum Physics

Word Bites

Danie Krügel is the inventor of the "Matter Orientation System" (MOS), a device which supposedly magically combines DNA and satellite tracking technology to track people across the globe. How this works has never been fully explained, although quantum has been mentioned several times. The MOS or "Bodyfinder" is a contender for James Randi's $1 Million prize, but Krugel has so far refused to come forward and test his invention.


read as well: Madeleine McCann, the Observer, and their special magic quantum DNA box (with secret energy source) at Guardian's Ben Goldacre blog and other less favourable news articles about Danie such as this one, this onethis and this one.


Madeleine's Fund: Leaving No Stone Unturned Limited Accounts March 2009

30 January 2010 | Posted by  138 comments
Madeleine's Fund: Leaving No Stone Unturned Limited accounts, Company No. 06248215 - 2009.31.03, 10 pages

MADELEINE'S FUND: LEAVING NO STONE UNTURNED LIMITED
(Limited by guarantee)
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31 MARCH 2009
Registered Number: 6248215

CONTENTS
Pages
Legal and administrative information
Chairman's statement 2
Directors' report 3-4
Independent auditors' report 5
Income and expenditure account 6
Balance sheet 7
Notes to the financial statements 8
The following pages do not form part of the statutory accounts:
Detailed income and expenditure account and summaries 9-10
-----------
LEGAL AND ADMINISTRATIVE INFORMATION
FOR THE YEAR ENDED 31 MARCH 2009

DIRECTORS:
JA Corner
M J Linnett
E G Smethhurst
D Skehan
J McCann
P J B Hubner
B Kennedy
KM McCann     (appointed 12 November 2008)
GP McCann      (appointed 12 November 2008)

COMPANY SECRETARY
BWB Secretarial Limited

COMPANY NUMBER
6248215

REGISTERED OFFICE
2-6 Cannon Street
London
EC4M 6YH

AUDITORS
haysmacintyre
Chartered Accountants & Registered Auditors
Fairfax House
15 Fulwood Place
London
WCIV 6AY

BANKERS
National Westminster Bank plc
3rd Floor, Cavell House
2a Charing Cross Road
London
WC2HONN

SOLICITORS
Bates, Wells & Braithwaite
2-6 Cannon Street
London
EC4M 6YH

Stephenson Harwood
One St Paul's Churchyard
London
EC4M 8SH
--------------------------
CHAIRMAN'S STATEMENT
The Chairman presents his statement for the year.

On 3rd May 2007, Madeleine McCann was abducted in Praia da Luz, Portugal. The events of that day touched the heart of many, in countries around the world. Donations started to flood in. In response to this, Madeleine's Fund was established.

The aims of the Fund are to help find Madeleine, to support her family and to bring her abductors to justice. Any surplus funds will be used to help families and missing children in similar circumstances in the United Kingdom, Portugal and elsewhere. The Fund has 7 directors.

We have continued to concentrate on ensuring that Madeleine is not forgotten and that the search for her continues. We have:

• provided finance for a team of investigators to lead a private search for Madeleine

• financed the translation of the full set of files released by the Portuguese police, enabling our team of investigators to follow up all potential leads

• paid for legal representation for Kate, Gerry, Sean and Amelie in Portugal, enabling them obtain an injunction banning Mr Amoral [sic] from repeating his fabricated claims about Madeleine's abduction

• funded an awareness-raising campaign to ensure that Madeleine is not forgotten, the key part of which is our website

• provided some administrative support to Madeleine's family in maintaining the impetus of the investigation

Last year I referred to the public apology made to Madeleine's parents, Kate and Gerry, by the Express Group following months of inaccurate speculation and accusations in the media. Other newspapers followed suit with accompanying donations to Madeleine's Fund. In addition, an apology was made to the friends of Gerry and Kate who were in Praia da Luz at the time of Madeleine's abduction.

Rather than accepting libel damages, the friends requested that a donation was made to the fund. This has enabled us to continue our search for Madeleine. On behalf of the directors of Madeleine's Fund, I thank Kate, Gerry and their friends for continuing to forego any personal financial recompense to ensure that the search for Madeleine continues.

Following the end of the financial year we were delighted to hear that Madeleine's parents, brother and sister had been successful in obtaining an injunction banning sales of Mr Amoral's [sic] book and banning him from repeating his claims.

These fabrications had hindered the search for Madeleine and were a barrier to potentially valuable information being passed on to the police. Our team of investigators continue to diligently review police files, witness statements and follow up every potential lead in the search for Madeleine.

Although the majority of donation income for the year arose from family and friends donating libel damages, we have a number of loyal donors continuing their support.

For this we are grateful. As expected, income in the new financial year is lower than last year and we continue to review all our expenses to ensure value for money.

The directors regularly discuss the strategy for the Fund to ensure that finances are available to achieve our main objective, finding Madeleine.

The Board of Directors would like to take this opportunity to thank everyone who has supported the search for Madeleine. The level of financial support, the amount of time given up and the numerous messages of support sent to Madeleine's family have been overwhelming. All messages of support sent to the Fund are passed to Gerry and Kate, and appreciated by them. We will continue to ensure that Madeleine is not forgotten and will leave no stone unturned in our search for her.

J McCann
Chairman
--------------
DIRECTORS' REPORT

The directors present their report and the financial statements for the year ended 31 March 2009.

PRINCIPAL ACTIVITIES

Madeleine's Fund: Leaving No Stone Unturned is a non-charitable not-for-profit company. The full objects of the Fund are:

• To secure the safe return to her family of Madeleine McCann who was abducted in Praia da Luz, Portugal on Thursday 3rd May 2008;

• To procure that Madeleine's abduction is thoroughly investigated and that her abductors, as well as those who played or play any part in assisting them, are identified and brought to justice; and

• To provide support, including financial assistance, to Madeleine's family.

• If the above objects are fulfilled then the objects of the Foundation shall be to pursue such purposes in similar cases arising in the United Kingdom, Portugal or elsewhere.

Madeleine's Fund is governed by a Board of Directors who meet on a regular basis, approximately every month. During the year, there Were 11 meetings.

In so far as it is relevant the Fund follows best practice governance procedures as set out in the publication "Good Governance: A Code for the Voluntary and Community Sector." The directors have reviewed the Fund's operations against these best practice recommendations and have developed:

• a Financial Procedures Manual
• job descriptions for directors. Chair and Treasurer
• clearly laid out policies and processes for:
• payments
• expense claims
• risk management
• whistleblowing
• registering conflicts of interest

Risk
The directors have agreed a risk strategy for Madeleine's Fund, namely:

"The risks that Madeleine's Fund faces are assessed for both the likelihood of occurrence and the impact on the organisation should they occur.

In order to achieve its objectives Madeleine's Fund must accept a certain amount of risk taking. An important part of the risk management strategy must be to be clear at an organisational level about the types and levels of risk the organisation is prepared to take. Therefore, the identified risks are also assessed for the organisation's attitude."

The risks facing the Fund were assessed in four categories:
• reputational
• financial
• information and communications technology
• human resources

Current controls in place to mitigate each risk were identified, together with additional controls required. The resulting risk register will be reviewed annually.
---------------------------
DIRECTORS' REPORT (continued)

DIRECTORS
The directors who served during the year were:
J A Corner
M J Linnelt
E G Smethhurst
D Skehan
J McCann
P J B Hubner
B Kennedy
KM McCann (appointed 12 November 2008)
GP McCann (appointed 12 November 2008)

STATEMENT OF DIRECTORS' RESPONSIBILITIES

The directors are responsible for preparing the annual report and the financial statements in accordance with applicable law and regulations.

Company law requires the directors to prepare financial statements for each financial year. Under that law the directors have elected to prepare the financial statements in accordance with United Kingdom Generally Accepted Accounting Practice (United Kingdom Accounting Standards and applicable law). The financial statements are required by law to give a true and fair view of the state of affairs of the company and of the surplus or deficit of the company for that period. In preparing those financial statements, the directors are required to;

• select suitable accounting policies and then apply them consistently;
• make judgements and estimates that are reasonable and prudent;
• prepare the financial statements on the going concern basis unless it is inappropriate to presume that the company will continue in business.

The directors are responsible for keeping proper accounting records which disclose with reasonable accuracy at any time the financial position of the company and to enable them to ensure that the financial statements comply with the Companies Act 1985. They are also responsible for safeguarding the assets of the company and hence for taking reasonable steps for the prevention and detection of fraud and other irregularities.

PROVISION OF INFORMATION TO AUDITORS

So far as each of the directors is aware at the time the report is approved:

• there is no relevant audit information of which the company's auditors are unaware; and

• the directors have taken all steps that they ought to have taken to make themselves aware of any relevant audit information and to establish that the auditors are aware of that information.

AUDITORS

The auditors, haysmacintyre will be proposed for re-appointment in accordance with section 485 of the Companies Act 2006.

This report has been prepared in accordance with the special provisions of Part VII of the Companies Act 1985 relating to small companies.

This report was approved by the board on 6.1.10 and signed on its behalf, by: [hand written signature] Brian Kennedy Director
----------------------------
INDEPENDENT AUDITORS' REPORT TO THE MEMBERS OF MADELEINE'S FUND: LEAVING NO STONE UNTURNED LIMITED (Limited by Guarantee)

We have audited the financial statements of Madeleine's Fund: Leaving No Stone Unturned Limited for the year ended 31 March 2009, set out on pages 6 to 8. These financial statements have been prepared in accordance with the accounting policies set out therein and the requirements of the Financial Reporting Standard for Smaller Entities (effective January 2008).

RESPECTIVE RESPONSIBILITIES OF DIRECTORS AND AUDITORS

The directors' responsibilities for preparing the annual report and the financial statements in accordance with applicable law and United Kingdom Accounting Standards (United Kingdom Generally Accepted Accounting Practice) are set out in the statement of directors' responsibilities.

Our responsibility is to audit the financial statements in accordance with relevant legal and regulatory requirements and International Standards on Auditing (UK and Ireland).

We report to you our opinion as to whether the financial statements give a true and fair view and are properly prepared in accordance with the Companies Act 1985. We also report to you if, in our opinion the information given in the directors' report is consistent with the financial statements.

In addition we report to you if, in our opinion, the company has not kept proper accounting records, if we have not received all the information and explanations we require for our audit, or if information specified by law regarding directors' remuneration and other transactions is not disclosed.

We read other information contained in the annual report and consider whether it is consistent with the audited financial statements. This other information comprises only the directors' report, the chairman's statement and the operating and financial review. We consider the implications for our report if we become aware of any apparent misstatements or material inconsistencies with the financial statements. Our responsibilities do not extend to any other information.

Basis of audit opinion

We conducted our audit in accordance with International Standards on Auditing (UK and Ireland) issued by the Auditing Practices Board. An audit includes examination, on a test basis, of evidence relevant to the amounts and disclosures in the financial statements. It also includes an assessment of the significant estimates and judgements made by the directors in the preparation of the financial statements, and of whether the accounting policies are appropriate to the company's circumstances, consistently applied and adequately disclosed.

We planned and performed our audit so as to obtain all the information and explanations which we considered necessary in order to provide us with sufficient evidence to give reasonable assurance that the financial statements are free from material misstatement, whether caused by fraud or other irregularity or error. In forming our opinion we also evaluated the overall adequacy of the presentation of information in the financial statements.

Opinion
In our opinion:
• the financial statements give a true and fair view, in accordance with United Kingdom Generally Accepted Accounting Practice applicable to Smaller Entities, of the state of the company's affairs as at 31 March 2009 and of its surplus for the year then ended;
• the financial statements have been properly prepared in accordance with the Companies Act 1985; and
• the information given in the directors' report is consistent with the financial statements

date & signature: [hand written] haysmacintyre, 6 January 2010
Fairfax House
15 Fulwood Place
London
WCIV6AY
-------------------------------------------
INCOME AND EXPENDITURE ACCOUNT FOR THE YEAR ENDED 31 MARCH 2009 

                                                                       2009              2008   

                    Note                                             £                   £   

INCOME                                                             629,18\      1,846,178
Merchandise and Campaign Costs                     (974,786)       (673,366)
GROSS SURPLUS                                              (345,605)      1,172,812
Administration expenses                                (30,865)        (141,747)
OPERATING SURPLUS     2                              (376,470)       1,031,065
Interest receivable                                         21,585             33,424
SURPLUS ON ORDINARY ACTIVITIES BEFORE      (354,885)    1,064,489
TAXATION
Tax on surpluson ordinary activities                        (6,878)       (12,462)   
SURPLUS CARRIED FORWARD                             (361,763)     1,052,027    

The notes on page 8 form part of these financial statements.
-----------------------------
BALANCE SHEET AS AT 31 MARCH 2009

                                                                      2009                     2008
                                                         Notes    £                           £
CURRENT ASSETS
Debtors                                               3           19,795                585,369
Cash at bank                                                  719,723                572,344
                                                                      739,518              1,157,713
CREDITORS: amounts falling due within one year
                                                          4          (49,254)            (105,686)
NET CURRENT ASSETS                             690,264            1,052,027
TOTAL ASSETS LESS CURRENT LIABILITIES
                                                                        690,264            1,052,027
CAPITAL AND RESERVES
Accumulated Reserves                                   1,052,027
Income and expenditure account                     (361,763)            1,052,027
                                                                       690,264             1,052,027

The financial statements have been prepared in accordance with the special provisions of Part VII of the Companies Act 1985 relating to small companies and in accordance with the Financial Reporting Standard for Smaller Entities (effective January 2008).

The financial statements were approved and authorised for issue by the board on 6/01/2010 and signed on its behalf, by: Brian Kennedy [hand written signature] Director

The notes on page 8 form part of these financial statements.
-------------------
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2009

I. ACCOUNTING POLICIES

1.1 Basis of preparation of financial statements
The financial statements have been prepared under the historical cost convention and in accordance with the Financial Reporting Standard for Smaller Entities (effective January 2008).

1.2 Income
Income comprises donations received by the company along with revenue recognised in respect of merchandise supplied, exclusive of VAT.

1.3 Taxation
The company remains accountable for taxation liabilities ansrng from capital gains, interest, trading activities and any other surplus arising other than from donations received.

2. OPERATING SURPLUS                                        2009       2008
                                                                                    £             £
The operating surplus is stated after charging:
Auditors' remuneration                                                 5,750        13,366

3. DEBTORS                                                            2009        2009 [sic]
                                                                                    £              £
Donations                                                                     -              563,152
Accrued income                                                            -              2,422
Prepayments                                                                19,795      19,795
                                                                                   19,795      585,369
4. CREDITORS: amounts falling due within one year
                                                                                   £               £
Trade creditors                                                           11,938      28,329
Corporation tax                                                            6,878       12,462
Other creditors                                                           30,438       64,895
                                                                                  49,254     105,686

5. COMPANY STATUS
The company is a private company limited by guarantee and consequently does not have share capital. Each of the members is liable to contribute an amount not exceeding £] towards the assets of the company in the event of liquidation. The company was formed on the 15th May 2007.

6. RELATED PARTY TRANSACTIONS
There were no related party transactions recorded in the year.



Madeleine's Fund Accounts March 2009

More: Accounts Report: Madeleine's Fund Leaving No Stone Unturned Limited 2008
Beginning of the fund created on 12th May 2007 here and more info here





Sardine Muncher Productions presents: The Amaral Awards

29 January 2010 | Posted by  119 comments


...and a preview of «The Good, The Bad and the Will it Ever End»




The Horsemen of the Apocalypse

28 January 2010 | Posted by  61 comments

The Four Horsemen of the 21st Century Apocalypse, by Penny Byrne

By Antonieta Janeiro

The approach of the first winter of the first decade of this century was already anticipating something scary.

Portugal, a country where generally no major disasters happen, lived in a stifling heat that lasted throughout early December, plunging everything and everyone in a sticky humidity.

This was followed by an earthquake, and immediately we fell into a sudden chill announcing Christmas.

Almost immediately at the same time came the deluge __ days and nights of continuous water, of overflowed rivers and streams, of life and property that were lost, without, at least, the thermometers daring to rise.

Then came the wind blowing in gusts.

Cold, rain, rough seas, strong winds, were the constant in a Christmas that did not even allow a fire to be lit.

The houses were ripped of their roofs, old centenary trees were pull up by the roots, mudslides rose alarmingly, the days were spent at home looking at the clouds through the windows and listening to the continuous howling wind upon nature.

Our West was swept by a tornado some say, by a typhoon say others; and the Algarve almost disappeared in the mud, torn between a tempestuous Ocean and the muddied lands that ran furiously down the mountains, dragging in the gush all that barred the surge: the trees that had been uprooted by the wind, the paths and tools, the sandy beaches that climbed the mountain, amalgamating all in a tangle of palm branches, almond tree limbs, olive tree roots, pieces of boats and fishing nets, now forming islands, now peninsulas, mixing fresh water with salt water, the Earth always battered by storms, winds, cold and darkness.

Our highlands were to bride, as usual in this season, but this Winter with the lurking danger of landslides, road cuts, several accidents.

It was in this chaos that we entered in the New Year and the first decade.

The cold, rain and wind stayed and threatened to worsen.

The news of this global village that our world has become, told us of the fury with which the gods punished men: at one side fires, floods on the other; on one side torrid heat, at the other polar chill.

The Horsemen began equipping their mounts for the Apocalypse.
The War had already spilled blood in the Earth.
Hunger was already raging among the people.

And suddenly, the bowels of the Planet shook and poured over the ground. Vacation havens disappeared from maps, swept by earthquakes in chain.

Waters of jade, coral hills vanished; missing and disintegrated the thousands of human beings __ it is the Horseman of Death that starts to reap Life.

Many thousands of orphans are now wandering through the planet, among dead bodies, their eyes empty, wounded and barefooted, trying to understand the chaos around them, delivered to their fate.

They are waited by the Horseman of Plague.

And before our still dazed minds, arrive to Portugal two heralds of the four Horsemen. __ A British couple who, nearly three years ago lost a child in Portugal with the same indifference with which they could have lost the car keys, or the beach towel or even, a pack of cigarettes...

They simply lost it. There is no other explanation.

Left were three children under three years, night after night alone in a hotel room with the door on the latch, while her parents dined and had a good time with friends.

And so, one night, one of the three children disappeared from the Earth. Disappeared, like the children of Haiti have disappeared and woken, one day, on another planet.

The couple said that the blame is all ours; we have no laws nor police; that we are a retard people; that we do not know how to care for that which belongs to others.

And so, when the crisis began to knock at their door they decided to return to the retard country, in the tip end of the world.

They accused the policeman in charge of investigating what they had lost; they accused him of slandering them and of tarnishing their name.

They ordered his wage to be frozen and to seize a book he had published.

And demanded that all copies of the book were burned.
And demanded that he paid a fortune every time their unpolluted names are mentioned.

All these demands on behalf of the grief caused by the disappearance of the child they had lost__ the daughter that they were unable to keep!

And, while Portugal is restoring its wounds, and more are being opened throughout the world, the couple decided to celebrate the 1000 days of the disappearance of the child.

Celebrate how? Raising funds for orphans in Haiti? Adopting one of them to appease their consciences?

The inconsolable couple decided to celebrate the loss of their daughter organizing a festive banquet in the most expensive and finest London restaurant!

Attending the show and the banquet will be the richest, the most famous, and the most important families of the Four Corners of the World, like in fairy tales. Only by invitation.

The benefits accrue, they say, for a «Fund» designed to find the daughter they’ve abandoned around...

What is absolutely certain is that the Four Horsemen of the Apocalypse will be there, even without invitation, attending the Feast!





Os Cavaleiros do Apocalipse


O Triunfo da Morte, de Pieter Bruegel “O Velho”, 1562, 
óleo sobre tela, 117 x 162 cm. Museu do Prado

por Antonieta Janeiro

O aproximar do primeiro inverno da primeira década deste século fazia já prever algo de assustador.

Portugal, país onde não costuma haver grandes catástrofes, vivia num calor abafado que se prolongou pelo princípio de Dezembro, mergulhando tudo e todos numa humidade pegajosa.

Seguiu-se um sismo e, de imediato, mergulhámos num frio súbito a anunciar o Natal.

Quase logo em simultâneo chegou o dilúvio __ dias e noites de água continuada, de rios e ribeiras que transbordavam, de vidas humanas e de bens que se perdiam sem que, ao menos, os termómetros ousassem subir.

A seguir, veio o vento soprando em rajadas.

Frio, chuva, mar agitado, vento forte, foram as constantes de um Natal que nem permitia que se acendesse uma lareira.

As casas destelhavam-se, árvores centenárias eram arrancadas pelas raízes, correntes de lama subiam assustadoramente, os dias eram passados em casa olhando as nuvens ameaçadoras através das vidraças e ouvindo o uivar contínuo do vento sobre a natureza.

O nosso Oeste foi varrido por um tornado, dizem uns, por um tufão, dizem outros; e o Algarve quase desapareceu na lama, espartilhado entre um Oceano embravecido e as terras barrentas que corriam furiosamente serra-abaixo, arrastando na corrente tudo o que lhes barrasse a correria: as árvores que o vento arrancara, os caminhos e as alfaias, as areias das praias que subiam à montanha, amalgamando tudo num emaranhado de ramos de palmeira, pernadas de amendoeira, raízes de oliveira, restos de barcos e redes de pesca, formando ora ilhas, ora penínsulas, misturando água doce com água salgada, a Terra sempre fustigada por trovoadas, vendavais, frio e escuridão.

As nossas terras altas foram a noivar, como sempre nesta época, mas neste Inverno com o perigo iminente à espreita de desabamentos, de estradas cortadas, de acidentes vários.

Foi neste caos que entrámos no novo Ano e na primeira década.

O frio, a chuva e o vento mantiveram-se e ameaçavam piorar.

As notícias desta aldeia global em que o nosso planeta se tornou, davam-nos conta da fúria com que os deuses castigavam os homens: por um lado incêndios, por outro dilúvios; por um lado calor tórrido, pelo outro frio polar.

Os Cavaleiros começavam a aparelhar as suas montadas para o Apocalipse.
A Guerra já derramava o sangue pela Terra.
A Fome já grassava pelos povos.

E, de súbito, as entranhas do Planeta estremeceram e derramaram-se sobre o solo. Os paraísos de férias desapareceram dos mapas, varridos por terramotos em cadeia.

Desapareceram águas de jade, colinas de coral, desapareceram e desfizeram-se milhares de seres humanos __ é o Cavaleiro da Morte que começa a ceifar a Vida.

Muitos milhares de órfãos vagueiam, agora, pelo Planeta, por meio de cadáveres, de olhos vazios, de pés feridos e descalços, tentando entender o caos que os rodeia, entregues à sua sorte.

São acolhidos pelo Cavaleiro da Peste.

E perante as nossas mentes ainda aturdidas, chegam a Portugal os dois arautos destes quatro Cavaleiros. __ Um casal britânico que, há cerca de três anos perdeu uma criança em Portugal com a displicência com que poderia ter perdido a chave do carro, ou a toalha da praia ou, até, um maço de cigarros …

Simplesmente perdeu-a. Não há outra explicação.

Ficaram três crianças menores de três anos, sozinhas noite após noite num quarto de hotel com a porta no trinco, enquanto os pais jantavam e se divertiam com amigos.

E, assim, uma noite uma das três crianças sumiu da face da Terra. Sumiu como as crianças do Haiti sumiram e acordaram, um dia, noutro planeta.

O casal cismou que a culpa é toda nossa; que não temos leis nem polícias; que somos um povo atrasado; que não sabemos cuidar daquilo que é dos outros.

E, portanto, quando a crise começou a bater-lhes à porta decidiram voltar ao país atrasado, na ponta do fim do mundo.

Acusaram o polícia encarregado de investigar o bem que eles tinham perdido, acusaram-no de os difamar e de lhes manchar o nome.

Mandaram que lhe congelassem o salário e lhe apreendessem um livro que tinha publicado.

E exigiram que todos os exemplares do livro fossem queimados.
E exigiram que pagasse uma fortuna de cada vez que mencionasse os seus nomes impolutos.

Todas estas exigências em nome do desgosto provocado pelo desaparecimento da criança que eles tinham perdido__ a filha que eles não souberam guardar!

E, enquanto Portugal se vai recompondo das suas feridas, e mais feridas vão sendo abertas por todo esse mundo, o casal decidiu comemorar os 1000 dias do desaparecimento da criança.

Comemorar como? Angariando fundos para os órfãos do Haiti? Adoptando um deles para apaziguar as suas consciências?

O casal inconsolável decidiu comemorar o desaparecimento da filha organizando um banquete festivo no mais caro e mais requintado restaurante londrino!

Assistirão ao espectáculo e ao banquete os mais ricos, os mais famosos, as mais importantes famílias dos Quatro Cantos do Mundo, como nos contos de fadas. Só por convite.

Os benefícios revertem, dizem, para um «Fundo» destinado a encontrar a filha que abandonaram por aí …

Certo, certo, é que os Quatro Cavaleiros do Apocalipse irão, mesmo sem convite, estar presentes no Festim!






Mark William-Thomas on the McCanns



Twitter: http://twitter.com/mwilliamsthomas


previously: Madeleine 'abducted outside McCanns' holiday flat'

Published on 1 May 2009

Madeleine McCann was probably abducted after walking out of her holiday apartment in search of her parents, according to an expert on her disappearance.

Madeleine McCann was probably abducted after walking out of her holiday apartment in search of her parents, according to an expert on her disappearance.

Criminologist Mark Williams-Thomas said it was unlikely an abductor entered apartment 5a at the Ocean Club in Praia Da Luz, Portugal.

The former detective said Madeleine was probably snatched by an opportunistic paedophile as she looked for her parents as they ate with friends at a nearby tapas bar.

He said publicly-available evidence leads him to believe the three-year-old arranged her toys on her bed and left through the unlocked patio door.

Mr Williams-Thomas said the case bears striking similarities to the murder of Sarah Payne who was snatched in West Sussex nine years ago.

He said: "Is it unreasonable to presume that Madeleine woke up and then went in search of her parents at a restaurant within a holiday complex that she had grown familiar with over the course of her holiday?

"Neatly tucking up her toys, she slipped out of the apartment through an insecure patio door.

"This seems all the more credible given what we know happened to eight-year-old Sarah Payne who was abducted in July 2000, even though she was only out of sight of her family for a matter of seconds."

Mr Williams-Thomas made his comments after reviewing more than 10,000 documents amassed by Portuguese police during their investigation.

He said an abductor would not have arranged the toys on the bed as he would have wanted to escape as quickly as possible.

The expert said a paedophile may have also chosen to take one of the younger and more defenceless twins, Sean and Amelie, who were sleeping nearby.

Gerry McCann has revealed Madeleine asked her parents during the holiday why they had not come when the twins had been crying.

Mr Williams-Thomas said: "Based on the evidence provided from within the case files it is more likely that she was abducted after she had left the apartment. A number of factors suggest that this is the likely scenario."




McCanns trying to 'move forward' at dinner party - Video


12 May 2007, Praia da Luz, Algarve, Portugal


27 January 2010, London, UK.

And a few starlet pictures....



Gerry McCann, Martin Houghton-Brown, Chief Executive of Missing People organisation, Kate McCann and Francis Herbert, Secretary General, of Missing Children Europe


Ken Loach


Peter Bowls


Lord David Steele


Gloria Hunniford


Fiona Phillips


The McCanns









Maddie: 20 people attend mass in Praia da Luz

27 January 2010 | Posted by  40 comments


Approximately 20 people attended a religious ceremony this Wednesday, at the Church of Praia da Luz, to mark the passage of 1000 days since the disappearance of Madeleine McCann, which happened in May 2007, in that Algarve village.

The initiative, which was organised by the FindMadeleine Fund, and celebrated by Anglican priest Haynes Hubbard, gathered mainly members of the English community that resides in Praia da Luz, near Lagos.

At the end of the prayer “to remember Maddie”, which lasted for about half an hour, the participants set off some light lanterns into the sky, in a homage to the little missing girl.

“It’s a symbolic gesture to mark the disappearance, with a request for Madeleine to return to her parents”, Haynes Hubbard told the journalists.

“We want to help maintain the efforts to find Maddie”, he observed.

In the United Kingdom, the FindMadeleine fund prepared similar initiatives, in order to mark 1000 days after Madeleine McCann’s disappearance.

Madeleine McCann, then aged four, disappeared on the night of May 3, 2007, from a holiday apartment in Praia da Luz, while she was sleeping in her bedroom with two siblings and her parents dined in a nearby restaurant.

The parents, Kate and Kerry [sic] McCann, who always maintained the position that Maddie was abducted, were made arguidos in September 2007, but ended up being cleared in July 2008 due to a lack of evidence to sustain the hypothesis that had been put forward by the inquiry, of the little girl’s accidental death.

The Public Ministry archived the process, that may be reopened at any time, if new data that is considered to be consistent, about the child’s disappearance, appears.


in: TVI24, 27.01.2010

Kate and Gerry McCann host star-studded fundraiser to mark the 1,000th day since their daughter Maddie went missing



by Daily Mail Reporter

Kate McCann tonight said she was "trying to move forward" as a charity event was held to mark the 1,000th day since her daughter Madeleine went missing.

Mrs McCann and her husband Gerry were joined by celebrity supporters at the £150-a-head fundraising dinner, raffle and auction at Kensington Roof Gardens in west London.

Speaking on the steps of the venue she said: 'We are hoping for a positive night.'

Asked about her feelings on the sad anniversary, she added: 'It's obviously difficult but we are trying to move forward to help Madeleine and all missing children.'

Madeleine was nearly four when she disappeared from her family's holiday apartment in Praia da Luz in southern Portugal on May 3 2007 while her parents dined with friends nearby.

Comedian Jack Dee, television presenters Fiona Phillips and Gloria Hunniford and actor Peter Bowles were among the guests.

The couple will mark the sad anniversary by organising the launch of 1,000 glowing paper lanterns into the night sky in Leicestershire.

The McCanns said it sometimes felt wrong that they were coping with life without Madeleine - but added that otherwise there would be no search for the little girl.

In a poignant statement they said: 'Today marks 1,000 days since Madeleine was taken from us. It's hard to even say the number.

'We remember the first few days after Madeleine was taken, watching the clock and counting every hour. Now we've reached 1,000 days.

'It's difficult sometimes to understand how we've been able to keep going and survive without Madeleine, especially since nothing has changed since that terrifying first night.

'Madeleine is still missing. Sometimes it even feels wrong to be coping.

'And yet if we weren't, there would be no search and no campaign to find Madeleine and that just doesn't bear thinking about.'



in: Daily Mail, 27.01.2010, with more photos

Missing: Respect




According to several Portuguese newspapers, like for example Diário de Notícias, Madeleine McCann’s parents have sent Lusa, the central Portuguese news agency, a press release with information about today’s event in London, that will mark 1000 days after Madeleine disappeared in Praia da Luz.

Said press release states that the fundraiser seeks to collect money for “the investigation into the disappearance of our daughter”. It further informs that the event is a “private event” and that it is reserved for “people who have significantly helped in the search for Madeleine”.

But what I would really like to know is when the McCanns will host an event to thank those who have actually done something to help search for Madeleine.

The good people of Praia da Luz and from the surrounding areas, who have sacrificed their time, their income, their effort until the limit of their physical strength, to actively search for Madeleine on the days following the disappearance, have not been invited.

The Portuguese policemen, firemen, rescue teams, council staff, the volunteers from so many civil associations who have physically, methodically and thoroughly searched for Madeleine for days on end, have not been invited.

The Polícia Judiciária agents who have worked around the clock, under extreme conditions, without proper funding, without free weekends and without holidays, who have been ‘paid’ with insult, humiliation and despise, have not been invited.

Those who have been invited to the McCanns’ party, are those who have either donated hefty amounts to the Madeleine Fund, or are about to do so tonight. That seems to be what Maddie’s parents see as “significantly” helping the search for their daughter.

It has become too common to point out the fact that an investigation into the disappearance of their daughter, carried out by a legitimate police force, either in Portugal or in the UK, would cost Kate and Gerry McCann absolutely no money.

It has become too easy to note that every time one of the couple’s lawyers sits down and writes a letter on their behalf, the pair is probably billed as much as the cost of each one of the tickets to the fundraiser.

It has become too embarrassing to watch what the McCanns’ private investigation, which they seem to choose to the detriment of an investigation by the police, has produced so far.

I am certain that tonight, in Praia da Luz, many people who have not been invited to any “star-studded”, “private” party will, very privately, be thinking of Madeleine Beth McCann.

As they look up into the starry sky, they will know that they have given everything they had, and more, to help search for a little girl that has never been far from their thoughts. And they will go to bed, with a heavy heart - and peace of mind.

McCann: They will Never give up...

26 January 2010 | Posted by  163 comments

Obscene much? McCanns will throw a fund raising party dinner tomorrow at a plush London restaurant while their detective Dave Edgar declares for the second time that Madeleine is alive in some «rural village» or «lair» (depending on the rent-a-cop imagination) in the Algarve. The 'party' hosted at London's Kensington Roof Gardens will cost a mere £150-a-ticket to attend.

Their guest list is said to include Virgin tycoon Sir Richard Branson, 59, Harry Potter author JK Rowling, 44, and Radio Five's Nicky Campbell, 48, along with the McCanns' backer, Scottish double-glazing tycoon Brian Kennedy, 49. Oh, and the raising of the donations of that night will be divided unequally between 2 missing children registered charities and the McCann's fund, a Limited Company, of which they are directors and from which they are paying Lift Consulting, an image consulting company at about 200 pounds per hour.

Maybe the guests should consider donating something to Doctors Without Borders or UNICEF who are trying to keep Haitian children safe from abuse and exploitation.

Meanwhile the 'there-is-absolutely-no-evidence' McCanns continue to refute the results of a joint and real UK & Portuguese Police investigation on their daughters disappearence and probable death - and also the fact that the PJ former coordinator Gonçalo Amaral is no longer a lone voice. On their site we can read: “Madeleine is still missing and someone needs to be looking for her. She is very young and vulnerable and needs our help", yet the McCanns don't ask for the reopening of the case, nor have they filed any missing person claim in the UK.

Their immediate family also seem oblivious of certain incontrovertible truths: “The fact is absolutely nothing has changed from day one. People have their ideas but until there’s something to substantiate what has been said it’s ridiculous. It does work against the search and we can’t allow that.” said Susan Healy to this 'local newspaper'.

And if it wasn't enough promoting the bad & ugly 'boogeyman-snatcher' in the collective childrens' minds that read J.K.Rowling Potter's book in 2009: «Harry Potter and the Deathly Hallows» and in the impressive minds of those who watched the first minutes of 'Shrek the Third' the McCanns & their extended family continue to show the same sensitivity to all children related issues: "It’s sad that it’s a school day and that many children from this area won’t be able to get to Formby, but people can mark the 1,000 days in other ways."

Gerald McCann will make the closing speech at the Child Exploitation and Online Protection Centre (CEOP) conference titled 'Taken: Sexually-motivated child abductions', today at 16.00pm. At the same time Kevin Halligen, the McCanns former detective, who turned out to be as dodgy as the previous ones, Metodo3 [we bring Maddie for X-mas] will be heard today at an US court for attempting to defraud a London law firm for an alleged £1.2 million. The McCanns' media spin-maker, Clarence Mitchell, insisted the fund had not been duped. Of course not.



Clarence Mitchell Spin: «Portuguese police files were finally released after a lot of pressure from this end»

25 January 2010 | Posted by  92 comments


24 January 2010

Jan. 24: It's been nearly 1,000 days since 3-year-old Madeleine McCann disappeared during a family vacation, and despite scores of leads, global headlines and possible sightings, the young girl remains missing. NBC's Tom Aspell reports, then TODAY's Jenna Wolfe sits down with Clarence Mitchell, a spokesperson for the family.

Transcript

By Nigel Moore

Jenna Wolfe: And joining us now is Clarence Mitchell, spokesperson for Madeleine's parents, Kate and Gerry McCann. Clarence, good morning, thanks for being with us today.

Clarence Mitchell: Good morning, Jenna, good to be with you.

JW: So, as we mentioned, this does mark... this week will mark the 1,000 date anniversary of Madeleine's disappearance. Can you tell us how her parents are holding up?

CM: Kate and Gerry have good and bad days, as you would well expect given that their daughter is still not home, as you say, nearly a thousand days on. They draw greatest strength from when they sense there is momentum in the search, and in the wider campaign to keep awareness of Madeleine high in the public eye, and so, on Wednesday, to mark a thousand days exactly they're going to be holding a fund raising event in London and they'll be surrounded by their long term friends and supporters, so they will draw great strength from that. But it is very difficult and they do find any, errr... anniversary or occasion like this to be very difficult.

JW: We understand that Gerry and Kate have also hired their own, errr... private investigator. Can you tell us a little bit about how that investigation is going? Has it led to any leads?

CM: There are lots of leads, whether they're the significant one that will lead to Madeleine is the question, and no... have we found her yet? No we haven't. Errr... It's a very small team currently looking into Madeleine's disappearance, led by some former British detectives now acting as private investigators. They're doing a very thorough job of going back over all the evidence, all the Portuguese police files that were finally released after a lot of pressure from... from this end and, errr... they feel that there is useful information still out there to be had; we still need people to come forward. If people go to the findmadeleine.com website all of the contact emails and phone numbers for anyone who thinks they may have seen her, or has any information about her, should... should look at that website. That information will go straight to our investigators and they are following it up on a daily basis. They go back to Portugal, from time to time; they were back there recently. The work is very much ongoing, although Madeleine isn't quite in the headlines as much as she was, the search is very much continuing and there are hundreds of calls that are still being checked out.

JW: Well, I understand that Gerry and... and Kate are attempting to block the sale... one of the new pieces of information out... are intending to block the sale of a book released by a Portuguese policeman who says that Madeleine, errr... is dead and that the parents, errr.... her parents are suspects. Can you tell us where we are in that civil case, right now? As if they need something else to continue to worry about.

CM: Well, absolutely, that's the last thing they need. This is a book written by a former police officer who was removed from the case after he criticised British police, errr... in the inquiry, errr... some two years ago. Errr... He's written a book in which he makes those allegations, as you say, he claims that he believes Madeleine is dead and that Kate and Gerry know what happened. It is totally untrue. Nor has he any evidence to make those wild, libellous allegations and that's why Kate and Gerry have gained an injunction to stop his book from being published anymore. He currently is appealing against that and we're expecting a ruling from a judge in February... mid February. Kate and Gerry obviously remain very hopeful that the judge will do the right thing and ban the book completely. We don't like to take that sort of legal action but the allegations this man is making will make people believe that Madeleine is dead and therefore they won't look for her and that will damage the search.

JW: Alright, Clarence Mitchell, we thank you so much for your time. Our thoughts continue to be with the McCanns in their search. Thank you.



To forbid or not to forbid books is still a question



Index Librorum Prohibitorum ("Index of Prohibited Books" ou "List of Prohibited Books", in English) was a list of publications that were forbidden by the Roman Catholic Church, of "immoral books", 1564/1559

«In democratic and globalised societies, it becomes increasingly difficult to create and to keep an index of prohibited books»

To forbid or not to forbid books is still a question

by Francisco Teixeira da Mota

The European Court of Human Rights has pronounced itself several times already about the prohibition of books, issued in countries that are members of the European Convention on Human Rights, and it is worthwhile to learn about its decisions.

The first case that anyone can remember was the famous case of the Little Red School Book which was forbidden in England in 1971, after having already been published in several other countries. The English courts decided that statements like “Maybe you smoke hashish or lie down with your boyfriend or girlfriend without telling your parents nor your teachers because you don’t dare to, or simply because you don’t feel like talking about it. When you do things that you really feel like doing and enjoy them, don’t feel guilty or ashamed just because your parents or your teachers may disapprove of them. Many of them will be more important to you in life than those that are approved”, or “Pornography is a harmless pleasure as long as it is not taken seriously and as long as one does not think it matches real life. Whomever mixes it up with reality will be deeply disappointed. But it is also quite possible that you get good ideas (from pornography) and that you discover things that look interesting and that you haven’t tried yet”, fell under the scope of the Obscene Publications Act . In 1976, the European Court of Human Rights considered that said prohibition did not violate freedom of expression as it is consecrated in article 10 of the European Convention on Human Rights, taking into account the argument that was invoked by English authorities: moral protection, namely of young people.

In 2005, in the case of I. A. against Turkey, in a very split decision (4 votes in favour and three against, one of them by Portuguese judge Irineu Cabral Barreto), the European Court of Human Rights once more considered that it is acceptable, under the exceptions that are consecrated in the European Convention on Human Rights, for Turkey to prohibit a romance, and to condemn its author to a prison sentence that could be changed into a fine, because it considered the book to be blasphemous.

According to the opinion of a majority of the judges, the prohibition of the book was justified because the expressions used in the book were not merely offensive, shocking or provocative, but rather constituted “an abusive attack against Islam’s Prophet”. Thus the prohibition sought to prevent “offensive attacks against matters that are considered to be sacred by Muslims”, taking into account that the European Court of Human Rights had also previously accepted restrictions on freedom of expression in the defence of religious views, in these cases to protect Christian populations, in the cases of Otto-Preminger-Institut (1994) v. Austria and Wingrove v. the United Kingdom (1996).

On the other hand, in the case of Plon versus France, in 2004, the European Court of Human Rights considered that France had violated freedom of expression as it is consecrated in the European Convention on Human Rights, by forbidding the distribution of the book The Big Secret, written by a journalist and by the personal physician of president Miterrand, published after his death, which revealed the cancerous disease that he suffered from shortly after his re-election in 1981, which had been carefully hidden despite the half-yearly publication of health bulletins. The family had managed, first within the scope of an injunction, and later in a common action, to prohibit and to maintain the prohibition over the book’s distribution. For the European Court of Human Rights, the provisory prohibition, following the book’s publication ten days after Mitterrand’s death, was justified, taking into account the violation of medical secrecy and the damage that had been inflicted on the deceased’s reputation and the suffering that had been inflicted on the family by exposing him as someone who had lied to the people that had elected him.

Nonetheless, the European Court of Human Rights did not consider that it was legitimate to maintain said prohibition, when the court decided to uphold it nine months after Miterrand’s death: the doctor’s civil and professional responsibility had already been investigated, thousands of copies of the book had already been seized and copies of the book were circulating on the internet, hence the matter of medical secrecy had been surpassed and there was no “imperious social need” to uphold the prohibition. Therefore, the European Court of Human Rights considered that France had violated freedom of expression.

In the cases of The Observer & Guardian Newspapers Ltd. versus the United Kingdom (1991), in which the publication of excerpts from the book Spycatcher, written by Peter Wright, an MI5 spy, the European Court of Human Rights made a similar disctinction, because its publication put national security at stake. The Court considered that the injunction that had been issued by the English courts, between July 1986 and July 1987, did not represent a violation of article 10 of the European Constitution for Human Rights, but from that date onwards, with the book being published in the United States, it considered that the maintenance of the prohibition was no longer justified, and declared that the United Kingdom had violated article 10 of the European Constitution for Human Rights.

In 2001, in the case of Ekin Association versus France, the European Court of Human Rights considered that the Home Ministry's prohibition against the circulation of a book that, according to French authorities, promoted Basque separatism and defended the use of violence, thus representing a threat against public order, was not justified under the Eurpoean Constitution for Human Rights, and was an excessive measure.

In democratic and globalised information societies like, to a greater or lesser degree, the societies of the countries that are members of the European Counsel, it becomes increasingly difficult, both in terms of legitimacy and in terms of effectiveness, to create and to keep and index of forbidden books.



Published in Público Newspaper on 16/01/10 - from A Torto e a Direito

also recommended: Segredos da Justiça e o TEDH