Madeleine McCann’s parents appeal to European Court

Madeleine McCann’s parents are appealing to the European Court of Human Rights in attempt to silence the Portuguese ex-police chief who claimed their daughter is dead and they are responsible.

Goncarlo Amaral, 57, claimed in his book The Truth Of The Lie that the three year old died at Kate and Gerry’s Praia da Luz holiday house and the couple covered it up.

The McCanns won a libel case against Amaral in 2015 and he was ordered to pay them 250,000 euros (£209,000) each in damages.

Former detective Goncalo Amaral (pictured) wrote a widely discredited book saying Madeleine died in the house

Kate and Gerry outside court in 2014 when they successfully sued Amaral for damages over the claims he made in his book

Kate and Gerry outside court in 2014 when they successfully sued Amaral for damages over the claims he made in his book

But this was overturned on appeal and that decision upheld in another court this April, meaning Amaral is now able to sue the McCanns for damages potentially totalling tens of thousands of pounds.

To prevent this, Kate and Gerry, both 49, have lodged an appeal with the European Court of Human Rights. They now wait for the date of their Strasbourg showdown with Amaral to be confirmed.

A source close to the couple told The Sun: ‘They discussed the situation with their legal team and they decided that ultimately it was worth fighting the decision of the Portuguese court.

‘They are upset that the court made this ruling but are also desperately upset at Amaral’s claims which are ludicrous and hurtful.’

April: A moving interview with Madeleine's parents, in which they revealed they have still not given up hope on seeing her again 

April: A moving interview with Madeleine’s parents, in which they revealed they have still not given up hope on seeing her again 

Family spokesman Clarence Mitchell told MailOnline: ‘I can confirm that Kate and Gerry McCann’s Portuguese lawyers lodged an appeal application in the Amaral case with the European Court of Human Rights in July of this year. 

‘The Court acknowledged the application in August and its admissibility is now being examined. Kate and Gerry will not be commenting on any aspect whatsoever as it remains entirely a matter for their Portuguese lawyers.’

It is understood that the result of the appeal will not be known for at least four years.

Around 30 British detectives were working on the UK side of the investigation into the disappearance of Madeleine (pictured)

Around 30 British detectives were working on the UK side of the investigation into the disappearance of Madeleine (pictured)

In April Amaral claimed in a TV interview that Madeleine’s body was cremated after she was abducted in 2007. 

Amaral said she may have been hidden in another British woman’s coffin as she was cremated, and said the church where Madeleine’s parents prayed was key.

He said: ‘We had information three figures went into the church via a side door at night. They had a box and there was to be a cremation of a British woman.

‘It is possible the child’s remains were in this box and cremated as well. The parents had the key to the church.’

During a TV interview in April BBC presenter Fiona Bruce asked the McCanns: ‘One of the police officers in Portugal has been a thorn in your side for many years, he was thrown off the investigation but then he wrote a book … and you fought it through the courts.

‘At the moment you’ve lost and he’s won. Is this the end for you now, are you going to continue to fight him?’

Mr McCann replied: ‘I think the short answer is we have to because the last judgment I think is terrible.

Gerry and Kate, carrying Madeleine's favourite Cuddle Cat in her hand, were faced with the sudden shock of their daughter disappearing in 2007 (pictured)

Gerry and Kate, carrying Madeleine’s favourite Cuddle Cat in her hand, were faced with the sudden shock of their daughter disappearing in 2007 (pictured)

‘I think it’s also important to say that when we lodged the action was eight years ago, and the circumstances were very different, where we felt there was real damage being done to the search for Madeleine at that time, particularly in Portugal.’

Mr McCann added that it was important to challenge Mr Amaral in the European courts on behalf of the wider family, including his children.

Agreeing that Mr Amaral’s claims needed to be challenged, Mrs McCann said: ‘I find it all incomprehensible to be honest

‘It has been very upsetting, and it has caused a lot of frustration and anger which is a real negative emotion.’ 

British police officers lifting a manhole cover and checking inside with a camera, next to an area of wasteland near where she went missing

British police officers lifting a manhole cover and checking inside with a camera, next to an area of wasteland near where she went missing

 

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