Grâce à la liberté dans les communications, des groupes d’hommes de même nature pourront se réunir et fonder des communautés. Les nations seront dépassées.
Friedrich Nietzsche (Fragments posthumes XIII-883)

10 - FÉV 02 - Arrêté sur Référé

18.02.2010 - Sandra Felgueiras (RTPN)
traduit par Astro

Gonçalo Amaral
Anchor : The court has just decided that Gonçalo Amaral's book is not going to be put on sale, thus accepting the injunction that was requested by the McCann couple, which suspended the book and the documentary on the same subject that was broadcast by TVI. Last week, the former Polícia Judiciária inspector had defended the reopening of the process into the child's disappearance, saying that hundreds of diligences had not been carried out. This morning, entering the session, Gonçalo Amaral showed he was confident. But at this time, Sandra Felgueiras, good afternoon, and facing the court's decision, this confidence has collapsed.

SF : It collapsed, but Gonçalo Amaral left the court building saying that he will appeal the decision, until wherever necessary. But Gonçalo Amaral is already here with me, and at this moment, I would like to ask you [GA] if, with your expectations collapsing, you feel that you are a censored man in Portugal.
GA : That is a fact. But expectations... this was one decision among the various possible decisions. Therefore, we were always prepared for this kind of decision, and the next step is an appeal.

SF : What do you think happened to the contribution that was given, in court session, by your former colleagues from the Judiciária, who came here to reaffirm the thesis that you continue to be forbidden from repeating? Why wasn't it validated by the magistrate?
GA : I started to perceive... I trust justice very much, and I started to perceive that very often, what happens during trial hearings does not reflect itself on the sentences that are known. Therefore... this is the Portuguese justice system in operation.

SF : But does it discredit Portuguese justice, at the moment? Do you believe that this decision puts the possibility of taking forward, and of writing what one believes is right, at stake?
GA : Exactly. This is a very dangerous decision, a decision that from now on can put any other book at stake. It puts at stake the possibility of the Portuguese people learning about facts, of accessing certain opinions, and of the reader, the Portuguese citizen, himself, forming his own opinion from what he reads and from what he sees. It looks like from now on, the Portuguese people are sheep, and the rest doesn't matter anymore. Certain formed opinions matter, from those who sometimes make public opinion, or who sell it on the market.

SF : The Truth of the Lie thus remains forbidden on the market, Gonçalo Amaral remains forbidden from repeating the thesis; you have already told me that you will appeal to wherever necessary. Can you tell precisely for how long you are available to continue this fight?

GA : Until we reach the European Court of Human Rights. There, we have no doubts. And if that is where we have to go, we will get there. But now we are in the appeal phase, so I'm going to the second instance, and we shall see what the decision is.

SF : Nevertheless, with this decision, don't you think that your pretension starts to lose some credibility in the country, even more so as last week you said you wanted to reopen the process, but at the same time the McCann couple presented, as they said, evidence that your colleagues in Faro, or in Portimão, to be more correct, have not been properly investigating the search for the child.
GA : You are asking two completely different questions. I don't know what goes on in Portimão, but I can tell you that the issue of the reopening of the process, that is approached by the McCann couple, is a lie, because they did everything to archive the process, so one doesn't understand why the reopening of the process.
And then that is how it is: as you know, in the archiving dispatch from the Public Ministry, several possibilities are mentioned. In order to reopen the process, all of those possibilities have to be investigated. And that is certainly not what the couple wants, that all possibilities are investigated. Concerning the other part, that not all leads are investigated, what always arrived at the police, and what is most likely to be arriving at this moment, are leads of sightings, I presume that they are of that kind, because I heard the McCanns' lawyer mentioning fifty similar or resembling children. I would say that there are many children like that one in the world.

SF : Do you really believe that you did everything in your power to search for Madeleine McCann alive?
GA : I have no doubts whatsoever about that. That work is reflected in the book, The Truth of the Lie, and that is why the book was written, and there is no criticism concerning the work that was done, after the book was published.

SF : Thank you. Such is the conviction of Gonçalo Amaral, and I'm now going to risk performing a somewhat complicated manoeuvre, even more so because there is a cable here, Pedro. Anyway, it is also important at this point in time to hear the opinion of the McCann couple's lawyer. 

Message de Kate MC 
lu par Isabel Duarte à la sortie du tribunal - 18.02.2010
Thank you so much! Please pass my thanks on to Jorge and Ricard too', errr... my assistants, errr... 'Hopefully this will be the start of good things for Madeleine. So pleased. So pleased. Thank you. Big Hug, Kate.
ID : This decision is a decision to protect all the citizens... Portuguese citizens, because this decison says that no-one can, errr... errm... harm, errr... this way, errr... a citizen that is not convicted or accused in court. Errr... So this is a decision to protect every Portuguese citizen, so we... I am... I am, as a lawyer and as a citizen, I am, errr... happy, errr... this is a very good decision. So, in... in... under this, errr... view, this is a victory for Portugal.

Isabel Duarte
SF : The McCann couple are not in Portugal, this time, although they attended the previous hearings, both in December and in January. This time they chose not to come to Portugal, to hear the final sentence. Anyway, Isabel Duarte has already read to us the message that she received from Kate Healy, right after communicating to her that the decision had been favourable. And that message, Isabel Duarte, live for RTPN, I would ask you to tell us what the reaction was, from the McCann couple, about this, let's call it victory.
ID : I sent a message to my client, Kate - my client [Gerry] is working right now - and she replied to me that, apart from thanking everyone that had supported her, and asking me to do so, this decision was the reopening of conditions to restart searching for her daughter with efficacy and success. It would be something good for Madeleine.

SF: "During this trial, we revived the memory of the death thesis, that you came here to silence, with several inspectors repeating that they believe that the child is dead. Now that you have this decision, do you think that the Portuguese public opinion is now in a position to forget about that part of the story, to forget that there was a period during which the Polícia Judiciária actually believed that the child is dead?"
ID : What happened during this trial was that the only people who defended that thesis in reports in the process that is archived in Portimão, were brought here. No people who did not defend that thesis, namely the inspectors that undersigned the last report, which prompted the archiving of the process, were brought to this trial. As a matter of fact, the judge mentions exactly that, and clarified that she read the full Portimão inquiry before uttering this decision.

SF : And what was the conclusion, what was the argument that the magistrate offered to justify maintaining this injunction?
ID : It's the same arguments, in more depth, of the first injunction, that is to say, that this book... She weighed the rights that are in confrontation here, that is to say, the right to freedom of expression, and the right of people to be treated with dignity and to be respected, and from that weight, from that evaluation, the judge understood that this book could not remain on the market because it violated rights that are more important than that of freedom of expression.

SF : Concerning the main process, and your will, and the McCann couple's will to reopen that process, what phase is it in, at the moment?
ID : In our office, we are analysing all of the documents that came from the Algarve, selecting those that seem to be important to us and that which is secondary, or absolutely necessary, so I can meet with my colleagues and with my clients, and all of us make a decision concerning the reopening of the process, which they have manifested, over the last few days, that they want to do, after finding out that there are several elements in the Portimão process that they did not know about.

SF : Thank you. Thus ends this trial, this saga, another saga in the Madeleine McCann process. Gonçalo Amaral's book, The Truth of the Lie, is definitely, or at least, at this moment, forbidden, it remains forbidden. Gonçalo Amaral is prevented from repeating the thesis that he defended and sustained in the book, which is to say, the thesis that he fed during the period that he coordinated the investigation, that is to say, believing that the child is dead and that the couple is behind the concealment of the cadaver.
The magistrate, Maria Gabriela Cunha Rodrigues, agreed with the couple's pretension and sustained, in today's decision, that the right to a good name prevails and that therefore this book cannot remain on the market. It hasn't been on the market since September, now we know that it will remain like that. Nonetheless, Gonçalo Amaral continues saying that he will appeal until wherever necessary, even up to the European Court of Human Rights.

Communiqué des MC sur la censure du livre
Irish Times - 18.02.2010 
We are very pleased and relieved with the judge's decision in Lisbon today. By upholding the injunction against Goncalo Amaral's book and DVD, the judge has rightly agreed that there has been significant, ongoing damage to the search for our beloved daughter Madeleine and to the rights of our family. We are grateful to the judge for accepting that this injustice must not continue. The court case has demonstrated, once again, that there is no evidence that Madeleine has come to any harm.

It has also clearly shown that no police force is actively looking for Madeleine, even, shockingly, when they are presented with new information and leads.
The motives of those who have tried to convince the world that Madeleine is dead, and who've disgracefully and falsely tried to implicate us in her disappearance, need to be seriously questioned.
As painful and personally damaging as the slanderous claims of Mr Amaral and his supporters have been to us and our family, our primary focus has always been, and always will be, to find Madeleine through our own best investigative efforts.
It is still incumbent upon the British and Portuguese authorities to ensure that every credible lead has been investigated and that a meaningful search for our innocent and vulnerable little girl is properly carried out.
We must and will keep looking for Madeleine and those responsible for her abduction.
We implore the public, especially the Portuguese people, to help us look for Madeleine, to remain vigilant and to give us any information that could help us find our daughter.
Please do not give up on Madeleine. Please call 800 814 028 (in Portugal) or 0845 838 4699. Thank you

Channel 4 News - 18.02.2010
transcrit par Nigel Moore
Clarence Mitchell : Well, Kate and Gerry are very pleased and relieved that the judge has done absolutely the right thing, errr... in their view, by agreeing to their demand for the injunction to stay in place against Mr Amaral's so-called work. Errr... It was causing serious ongoing disruption and damage to the search for their daughter, because people - if they believed what he'd written - would think that she was dead and wouldn't even bother to look for her or pursue any information if they came across it. That is absolutely wrong. There is no evidence at all to suggest that she's been harmed, let alone killed, and every reason for the search to continue. And that's what Kate and Gerry now want; the focus to come back onto the search for their daughter.

C4 News : I mean, don't the public have the right to make their own mind up on that? If what he says about them is... is completely untrue, and that's obviously proven, shouldn't he be allowed to say it and the public make up their own mind?
CM : But under the laws of defamation, as a journalist you will well know, that if you allege somebody is, in effect, responsible for the death of their child and had... in effect, has covered it up, that is prima facie defamatory of your good name. And therefore they not only... but they... they not only had to take action on that basis but more importantly - than their own reputation, or the damage that was doing to their wider family - they felt it was important to stop people believing this because it would mean that the search for Madeleine was hindered. So this was a clear-cut case of defamation, regardless of the rights and wrongs. Yes, you have the freedom of speech to say what you want, within the rule of law. 

C4N : Obviously this isnt the end, unfortunately, for... for Kate and Gerry McCann on this issue. The detective in question... the former detective in question says he's going to take this to the European Court of Human Rights. 
CM : That absolutely is his right and he's perfectly entitled to do... do that and if that legal process starts in due course, well then we... that will be dealt with at that time. Errm... But for now Kate and Gerry feel that... that the strength of their case is strong. Errr... They felt that this was an absolute injustice being committed against them, and indirectly against Madeleine herself. And as a result they are very pleased and, as I say, relieved that the judge has agreed with them and has, errr... errr... made it clear that this injunction has to stay in place and that Mr. Amaral does not benefit from his, errr... this... this work. 

C4N : Returning to the... the search for Madeleine. I mean, with this... bearing this ruling in mind, does this make the search for Madeleine easier?
CM : Well, hopefully it will do. Yes, hopefully people will see this and see that this particular attack on them, errm... has... has been ended and as a result they need to focus on the key message, if you like, that we want to get across today and that is that the judge has effectively agreed that this... this is... it should all be about Madeleine from now on. What came out during this case, were... were... there were two broad areas: One, there is no evidence at all to suggest she has been harmed and two, no police force anywhere is actively looking for her; shockingly, even when presented with new information and leads, as the Portuguese have been. Those were dismissed as... as not relevant to the investigation. Well, our... the private investigators would like to look at much of that information to establish if... if indeed there may be any relevance in there. The search for Madeleine will not stop. Kate and Gerry will not give up until they know what's happened to their daughter. And at the moment it remains a complete mystery and they are conducting as best an investigation as they can on their own limited resources at present. It's incumbent upon both the British and Portuguese Police now to mount as effective and credible an investigation as they can and if that involves some sort of independent review of the existing evidence and potential leads then so be it. But the search for Madeleine needs to be the focus from now on; not noises off stage from the likes of Mr Amaral. 

C4N : It's been a long time now since Madeleine disappeared. Kate and Gerry.... 
CM : It's been nearly three years. 

C4N : ...still feel hopeful that she can be found?
CM : Kate and Gerry have always drawn strength from the fact that there is no evidence to suggest she has been harmed in any way whatsoever. Yes, of course, nearly three years on its appalling that they're still having to hope. They would have wanted her home the very first day. But in the absence of that evidence, to... to tell us, any of us, what has happened to her, they will continue to believe, as best they can, that there is hope. And every time they even... even if they begin to doubt that... every time something like Jaycee Lee Dugard happens in California, in America, where someone is... is discovered; in her case, eighteen years after she went missing and was long presumed dead. It can happen. Its rare. Kate and Gerry will keep going on that basis. 

C4N : I mean, with rulings like today do you think Kate and Gerry are swaying public opinion in their favour?
CM : Well, that's a matter for the public, isn't it, really? I mean, Kate and Gerry will keep going. They didn't start this legal action, they don't want to appear to be litigious for the sake of it - they're not. They didn't write this book, they didn't write this DVD. Mr Amaral did, and what he said in it was fundamentally wrong and damaging to the search, and that's why they took the action. Yes, they hope that people, fair minded people, will see this and see the agony that's been heaped upon their shoulders, on top of the loss of Madeleine, and will hopefully be with them in the search for Madeleine from now on.

C4N : I mean, we... we've learned that Robert Murat is... has a legal complaint against one of the friends of Kate and Gerry over things she said about his alleged involvement in Madeleine's disappearance. Presumably, if he gets a similar sort of ruling that Kate and Gerry got today, they'd support... ? 
CM : I'm not going to comment in any detail on what Mr. Murat or his legal representatives are doing, suffice to say that Jane Tanner never directly named Mr. Murat as the man that she saw, and you can go back to the Portuguese police files that were released in 2008 to see that for yourself. She never actually named Mr. Murat as the prime suspect.

C4N : Okay, errm... I mean, last question... I think, errr... a lot of people would say that quite a lot of money has been made from Madeleine's disappearance from various court cases. How much has been made and... and is this being used in legal proceedings like the one we've seen in Portugal? 

CM : The, errr... fund is there to assist Kate and Gerry in whatever way necessary. There are a number of other backers as well outside the fund who also assist at times. Errm... The bulk... in fact all of the public money that came in in the early stages was all spent entirely properly on the search for Madeleine, on the investigative costs and everything else around that. Errr... Most of the monies that are still in the fund now are actually there from either the settlements against the Express Group newspapers and other media outlets that have also defamed them and so that is money that was, if you like, brought in through court action; not the public. And, on top of that, the most recent monies that have come in have been through supporters kindly donating at a fund-raising event and again they would be more than happy, as supporters, to see the money spent in any way that assists Kate and Gerry and the wider family and their investigators in the search for Madeleine. 

C4N : Last question, in fact... Obviously, the... the ruling today upheld a temporary injunction on the book that's been written and the DVD as well. What steps or how far away are the McCanns from getting a permanent injunction?
CM : That's a matter for the lawyers in Portugal. They'll assess the... the verdict. They'll be examining it in detail to see exactly what the judge has said today. Errr... And they no doubt will, errm... move to... towards that goal at some stage in the future. I don't know the exact timetable but clearly there's not much point in going for a temporary injunction if it doesn't become permanent, errr... and that will happen. But I am quite sure that any appeal by Mr Amaral's side will possibly delay that. But that, as I say, is purely a matter for the lawyers to decide in due course. 
C4N : Thank you.

Lancement de A Mordaça Inglesa
Librairie de Fafe - 24.02.2010
traduit par Joana Morais

Reporter : Sir, you have been out from the PJ almost for two years now; after a very complicated process, and from where many answers are still missing to which you have tried to answer in the book that was censored. This 'English gag', is it not, somehow, a gag to the freedom of speech in Portugal? 
Gonçalo Amaral : There is no doubt about that, actually it was on that notion that the book was written. It was in terms of defence, and of denouncing this limitation of the freedom of expression of a citizen, my case, and as well the right of the reader, of the Portuguese citizen, of any person in this country in formulating opinions, their own opinion in face of what they read. Therefore, it is not allowed... It is forbidden, it is limiting the freedom of the Portuguese people, of the people who are interested in reading the book 'Maddie, The Truth of the Lie', and of them being able to formulate their opinion. Which is the right of freedom to opinion, which in this country seems - seems, no - is in fact, being temporarily limited, as established by the injunction, and could be so from here now into the future.

Rep. : At this moment where freedom of expression and the lack of it is being so much discussed, where political pressures are being discussed as a daily basis; in the moment where we can recall the historical relation between Portugal and England, our eternal ally, was there really so much weight applied by England in this process, capable of gagging the Portuguese politicians to the point of forcing a PJ Inspector to withdraw himself from the Judiciary Police, to the point of forcing into silence the whole process?
GA : I have no doubts regarding that; in reality, the facts speak for themselves. A public servant, like me, a coordinator of the Judiciary Police, it is something that some politicians are able to discard, to avoid a diplomatic drama, a diplomatic incident, and everything was done surrounding that. Like now, there is a direct attack to the Judiciary Police, again, on this process, an attack targeting a Judiciary Police employee, and the Judiciary Police does not do anything in his defence nor does the Justice Ministry. I did not say that there [on the book presentation] but I'll say it here, it is shameful. How is it possible to leave those who work for the public interest, those who work for the discovery of the truth and for the making of Justice, abandoned to these attacks?

Rep. : I know that you are under secrecy of justice, but for you the truth...
Gonçalo Amaral: Not of secrecy of justice, I am a target of a temporary injunction, which limits my freedom of expression.

Rep. : ...But for you the truth is revealed and transcribed in that book, that today cannot be sold?
GA : I can't answer to that question, because I am a target of an injunction which forbids me to speak about... to give you an answer. It's under the scope of the injunction.

Rep. : How is it, looking at the situation that happened and for the eventual future situations that might be somewhat similar, how do you see the role of Portugal in this affair, that is, do we get fragilized, do we become dependent of foreign opinions, of foreign police opinions which may place in question an institution like the Judiciary Police, which is seen with the utmost seriousness?  
GA : The Judiciary Police continues to be seen with seriousness, the opinions, or the forces contrary to the discovery of the material truth had in this case, and will have in others, or maybe they already had in other cases, a strong influence when placing in question the Justice system itself. What is happening is a result of the frailties, as a friend of mine said, an appeal court judge, it is the frailty inherent to democracy. It is that that is in question; we don't live alone, the country is not isolated, it is in the European Union, it has its allies and its international agreements, and its international diplomacy and something has being left behind, which in this case was Justice.

Rep. : Do you feel discarded?
GA : Discarded, no. It was my choice to leave the Judiciary Police in order to regain the plenitude of my freedom of expression, something which is now again placed in question. It was my choice, my decision, and I'm certain that if I had stayed in the PJ I would have ascended to superior positions, other than being a mere coordinator of sections... Allow me to remember here at this moment a colleague, who has passed away last night, Dr. Guilhermino da Encarnação, a person that climbed the Judiciary Police hierarchy by his own merit, and with those two cases, the so-called Joana Case and the Maddie Case. Who, at that time, saw a disease appear, a disease that lead to his death, after all of this time. He was an exceptional man, a person with whom I had the honour, the pleasure and the privilege to work with, with whom I have learned immensely, and that with these cases saw his health disappear. It is sad; people sometimes are not discarded but often are... There are things that happen to one's health which are unstoppable.

Rep. : A last question, in the said book of which you are forbidden to speak about, which was censored, your convictions are obvious, are evident, are clear. If you had remained in the case, if you hadn't been removed from it, and after retiring from the PJ; if you had stayed would you have felt comfortable to arrive at something which you had already the absolute certainty of being like that, knowing that from the other side there were so many doubts being placed? [the question is difficult to translate since the reporter is clearly trying to pose a question using subterfuges because of the injunction]
GA : Look, in an investigation... I cannot speak about the case, I'm forbidden. A criminal investigation has a beginning, a middle and an end. That book, and that I can tell you, was the narrative of the 6 months of the criminal investigation, when I was coordinating it. What could have happened since then, we don't know. I left the investigation, the investigation continued, remained open for more six months and its result was a premature archival. If the investigation had continued, and there are many diligences to be made, hundreds to be carried out - the process was not concluded with all the diligences - it could have even happened that which was said at a medium term, at that time, would not be established or it could have been confirmed. Therefore a criminal investigation always has to reach its end, so no ambiguities remain, speculations don't thrive like it is happening at this moment, and also in order to not give material to certain conspiracy theories to flourish. I believe that that is the biggest problem of the investigations that do not reach an ending.