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Capybara chocoholic <ronny.garlicbuggaspam

Newsgroups: alt.food.vegan

Sunday, March 10, 2002 3:15 PM

McLibel Legal Update

 

 

> McLibel Legal Update

>

> Case Against the British Government Is Still Before the

> European Court of Human Rights

>

> As you may know, on 20th September 2000 Helen Steel and Dave

> Morris - the McLibel 2 - lodged an application to take the U.K.

> Government to the European Court of Human Rights in Strasbourg.

> Helen and Dave, the two defendants in the longest trial in

> English legal history, assert that the McLibel trial breached, in

> particular, Article 6 [right to a fair trial] and Article 10

> [right to freedom of expression] of the Human Rights Convention,

> and that English libel laws are incompatible with the convention.

>

> On 2nd April 2001 they submitted their full written

> Application, a 173 page document. [see

> www.mcspotlight.org/case/trial/verdict/Echr.html.]

>

> Their case is currently before the Court, and they are are

> now awaiting a decision on the admissability of their claim. They

> have been waiting an unusually long time for a response. On

> August 29th 2001 they requested their case be expedited (speeded

> up) in the light of the Court's decision to admit the case of

> John McVicar v. The United Kingdom. That case has some

> similarities to the McLibel case, being a libel case which

> involved the denial of legal aid, and the burden of proof being

> on the defence.

>

> Should the Court find that the Steel and Morris v. The United

> Kingdom application is admissable, the British Government would

> be invited to respond to defend its defamation laws.

>

> The McLibel 2 are seeking to defend the public's right to

> criticise companies whose business practices affect people's

> lives, health and the environment. They also seek an end to

> oppressive, unfair and archaic defamation laws and procedures in

> general, and in their case in particular. The main arguments in

> Europe cover breaches of Articles 6, 8, 10, 11 and 13. For

> example: a. Multinational corporations, should have no right to

> sue for libel as it is in the overriding public interest that

> they be subjected to unfettered scrutiny and criticism (as

> currently applies to criticism of governmental organisations)

> since they have huge power and influence.

>

> b. If there be a right to sue, it should be a defence for a

> defendant to show 'reasonable belief' in the words complained of,

> or that the issues are of public importance. c. The McLibel case

> was unfair or an abuse of legal process due to several factors -

> for example: the denial of legal aid and the inequality of

> financial and legal resources as between the two sides; and the

> burden of proof being on the defence, rather than on the claimant

> as is usual in most other areas of law.

>

> The full Application is now available on the McSpotlight

> website. Please note that there may be some discrepancy in the

> page numbering in the index, which relates to the hard copy as

> sent to the ECHR.

>

> The McLibel Support Campaign

>

> contact details

>

> McLibel Support Campaign

>

> 5 Caledonian Road, London, N1 9DX, UK.

>

> Tel/Fax: +44 (207) 713 1269

>

> E-mail: mclibel

>

> Web: http://www.mcspotlight.org

>

>

> ___

>

>

> ---- the McLibel mailing list ----

>

> McDonald's, McLibel, multinationals

> http://www.mcspotlight.org

>

>

> --

> Please remove 'buggaspam' to reply.

>

>

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