1.Everyone shall possess the right to freely express and publicise his thoughts in words, images or by any other means, as well as the right to inform others, inform himself and be informed without hindrance or discrimination 2.Exercise of the said rights shall not be hindered or limited by any type or form of censorship Constitution of the Portuguese Republic, Article 37.º

McCanns's Censure Portuguese Democracy and Freedom of Speech

The McCanns plan to take action against Amaral, Portuguese newspapers which reprinted parts of the £10 book and bloggers who discussed it" - in SUN 25 Jul 2008

Constitution of the Portuguese Republic (CRP): Article 37, numbers 1, 2, 3 and 4, as follows:

“Article 37º (Freedom of Expression and Information)

1) Everyone has the right to express and publicise his or her thoughts freely, by words, images or other means, and the right to impart, obtain and receive information without hindrance or discrimination.

2) The exercise of these rights shall not be prevented or restricted by any kind or form of censorship.

3) Offences committed in the exercise of these rights are punished under the general principles of criminal law or of the law relating to regulatory offences; jurisdiction to try them lies, respectively, with the courts of law or an independent administrative body, in accordance with the law.

4) The rights to reply and to make corrections, and the right to compensation for loss suffered, shall be equally and effectively guaranteed to all individuals and corporate persons”.

However freedom of expression is not an unlimited right. When the Portuguese Constitution says that this right “shall not be prevented or restricted”, this does not mean that this right has no limits, as clearly stated in article 37, n.º 3. Freedom of speech has limits, and those limits exist to protect several other constitutional rights and interests, which are also criminally protected. Among them we can find citizen rights to their moral integrity, good name and reputation. That way, injury, defamation or instigation of a crime cannot be taken as a sign of freedom of speech or expression.

Portugal is also a member of the following international instruments that guarantee the freedom of speech:

– Universal Declaration of Human Rights (article 19);

– International Covenant on Civil and Political Rights (article 19);

– European Convention on Human Rights (article 10).

Above the Law, Below the Freedom

I felt really downhearted for the last two days after reading the book, as you can imagine though we all had speculated and discussed about Maddie's probable death for the last year, the book was a sad confirmation.

Reading the Truth of the Facts and realizing how abominable the despicable parents were left me upset, depressed and wondering how evil people can be. It is not that I am naive but I try always to see the best, even in the McCanns, though I knew that their attitudes were not standard compared with other mothers and fathers who had gone through similar situations, they were in fact more similar to those who are cold criminals; even so, one thing was to imagine, to discuss, to read the news, to get knowledge drop by drop another thing is to know the Facts and those are irrefutable and corroborate the Guilt of the McCanns.

I felt physically sick, sad, and disgusted with the parents, with the people who are supposed to be serving Justice in both Countries and who allowed this parents to escape Justice. And after all I still ask WHY? Why did they hide her body? Why did they cover up and faked a kidnapping? Why some Portuguese judges, prosecutors did not allow the surveillance to the house and the phones? Why did the British police failed to send the medical records of Madeleine, of Kate, and denied the credit/visa card records? Why did the British Diplomats staying at the time in Portugal meddled in the investigative process? Why did Gordon Brow talked with José Socrates about this case? Why was Gonçalo Amaral and others investigators who were following all avenues of the investigation sacked, removed from the case Maddie? Why was it that the kidnapping theory that at one point was considered by both Portuguese and British Police team to be a simulation based only on perjury testimonials - fake statements by Jane Tanner- pressured on the investigative team as the only hypothesis? Why and who had interests in 'saving' the McCanns and helping the pair escaping? Why was the death of this little girl not allowed to have the Justice and Truth she deserves?

And now, after the Truth is out, or at least part of the Truth is out - the Parents want to suppress the Truth from being translated? We live in a democracy in Portugal, our parents had to fight against censorship, against the lack of freedom: freedom to read, freedom to write, freedom to think and to learn, freedom of choice - our parents fought for our freedom and it is not a pair of negligent people and their dream team of lawyers that is going to gag our mouths, hands and heads: We have the right to know and to share what we have learned with others. I as Portuguese citizen WILL NOT be stopped for sharing what I perceive to be the truth and what I believe to be the veracity of what happened back in May 2007.

25 de Abril 1974 was the day of the Carnation Revolution, I was born six days before, as a daughter of April I own to my parents, to their generation and to many other Portuguese Citizens who fought for my freedom of expression exactly that: my freedom which I will express as I see more fit, in this particular case by supporting and translating Mr.Gonçalo Amaral book and his quest to see that Madeleine death receives some justice. The Truth can not be gagged, and Justice will prevail. It does not matter if it is now or in 34 years time. The book 'A Verdade da Mentira' are the facts, the veritable facts who are, for the moment, in an archived process, soon to be made public.

Isn't it time for the Portuguese Citizens to say : Enough is Enough? Haven't we paid enough for this couple's negligence? Haven't we paid millions of euros for an investigation who was tampered and obstructed by the English? Haven't we paid enough with one of our best cops and his team being forced to leave their work in/or the Judiciary Police?

The Portuguese people in the Algarve searched for the little girl Madeleine in the night she allegedly disappeared and her parents? They rested at home - couldn't be bothered to search for her physically - if this is not enough proof of their lack of emotions besides the jogging, their care-free attitudes, the laughs and the jokes caught on camera - what is?

They are amoral people, and they have joked with our good will, they came to Portugal, pooped in our garden and left - and no one puts a stop to this abuse of Portuguese citizens who were and are smeared by them, by their horribilis spokesman and the arrogant and xenophobic British Media?

We are not a Colony of Britannia, we are Portuguese and we want Justice and the Truth.

I hope that we still have people in this country with values and morals, who can discern what is right and wrong and who can give a fair and just ending to this sordid affair.

Shame on the British media and starlets who just did all for the money and audience shares. Shame on the McCanns because if the facts are the facts, and they are true, then the fund and Madeleine's merchandise/registered trademark was all a fraud. And what is worst and even more sickening, they 'sold' Madeleine knowing she was dead...


  1. Beautifully said Joana.
    I share your anger and I am outside both countries.
    I think Madeleine came to show us how corrupt our world had become.
    She paid the price for this with her life, what are we willing to do to honour that gift of life.
    I admire your guts and determination and any movement towards truth and disgracing those responsible will find my signature attached.

  2. Sorry I forgot to say that the British also need to claim back their freedom from the dark warlords that are their leadership.
    We are talking revolution and my prayer is it can be peaceful, but ....

  3. Joana, estava preocupada com sua ausência hoje, plenamente justificada.

    Seu artigo levou-me às lágrimas. Compartilho seus sentimentos e agradeço todo o seu trabalho para trazer à luz fatos convenientemente deixados de lado por aqueles que venderam a alma.

    Que você tenha sempre força e coragem para continuar nessa jornada.

    Justiça para Maddie!

    Abraços brasileiros.

  4. Thank you for your words Susana and Nana, you're support means a lot not only to me but to all who wish too see a World with more peace and beauty, equity and justice for all human beings, specially for those who suffer and are defenceless, like the street children in Rio, the children who die of starvation in Africa due to world economical politics, and the children who are neglected and abused by family elements.

    a big warm hug from Portugal
    um abraço e obrigada

    Joana Morais

  5. Dear Joana

    No fear,no doubt


  6. Gracias Jo, nós com o 'Estado Novo' de Salazar e Espanha com Nacional-Catolicismo do General Franco.

    Tiranos iguais a Pinochet, Hitler, Mussolini...

    Nunca Esqueceremos o Fascismo! Viva a Democracia, Liberdade de Expressão e Igualdade!

    um beso

  7. Joana, belas palavras. essas patéticas ameaças da treta só desacreditam aquela gente ainda mais. Não fazem ideia de que em Portugal se lutou por quase 50 anos por um direito que pensam, agora, em pleno século XXI, cercear. O Eduardo Dâmaso, do Correio da Manhã, deu-lhe uma achega. Eu fiz a minha parte. Li o livro e resumi o conteúdo em Inglês disponibilizando-o no meu blog, para que o mundo possa ler. A partir daí, as pessoas são livres de terem as sua ideias, acreditarem ou não.
    O senhor Mitchell e o resto da 'equipa' subvalorizaram os Portugueses. Que tenham cuidado, pois pode sair-lhes o tiro pela culatra.

  8. too true Joana, I have been aghast at reading how calculatedly and hastily they covered the death iof their daughter< i was morified to read of her being frozen or kept in water, how undignified for a little girl!
    I have been hoping people would want to rally or demonstrate about the way the government have covered the McCanns, you say in your article, why would they get sucjh assistance....well I think the Payne allegations of paedophilia have alot to do with it, perhaps Madeleine had been abused and this would have come out at autopsy, I also think government officals have reason to keep this covered because some of them must be involved in paedophile activities.

  9. Obrigada querida Cláudia, e obrigada pelas traduções do livro do Amaral no teu Proud of the PJ Blog - juro-te que fiquei doente depois de ler o livro. A verdade é por vezes mais tenebrosa do que a mentira. E esta deu-me vómitos!

    um beijinho

  10. De nada, minha querida.
    Joaninha, vais visitar-me quando eu for presa? Ou vais tu presa primeiro e sou eu a ter de te visitar? ;-)

  11. Se me permite, seria talvez de anexar ao artigo da CRP, que cita, o Artigo 180.º (Dos Crimes Contra a Honra - Difamação) do Código Penal, e nomeadamente quanto ao seu número 2:
    «2- A conduta não é punível quando:
    a) A imputação for feita para realizar interesses legítimos; e
    b) O agente provar a verdade da mesma imputação ou tiver tido fundamento sério para, em boa fé, a reputar verdadeira.»

    Todos aqueles que "discutem" o livro de Gonçalo Amaral ou o caso Maddie McCann obedecem, presumivelmente, aos dois pressupostos de excepção à ofensa:
    1. Realizar os interesses legítimos da Justiça e da criança desaparecida.
    2. Tentar provar e reputar como verdadeira a imputação (de crime). Com boa fé, naturalmente.

  12. Caro(a) JPG,

    Fico-lhe muitíssimo agradecida pela sua informação, desconhecia esse artigo e irei traduzi-lo de imediato e passar a palavra a outros colegas bloggers,
    um bem haja pela sua ajuda e um abraço.


    Joana Morais

  13. If the truth is ever proven so that everyone will recognize the parents' guilt, they will become two of the most despised people on this planet, not just for what happened to little Madeleine, but even more so for the way they have manipulated people after the fact.

  14. Joana, I'm deeply moved by your words. My heart is with you and all the Portuguiese citizens. I do really hope you will prevail.
    And I think you can be very proud of people like Goncalo Amaral and your former president Jorge Sampaio, who adamantly refuse being intimidated.

    Thanks a lot for all the hard work you are doing.
    It pays hang in there


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