A brave Irish woman who accused Madeleine McCann suspect Christian Brueckner of rape has today launched a case in the European courts against Portuguese authorities.
Dublin native Hazel Behan lodged papers this morning before the European court of Human Rights over what she says was the Portuguese authorities failure to investigate Christian Brueckner at the time of the rape in 2004.
The case centres on the alleged inaction of the Portuguese authorities in identifying and prosecuting Christian Brueckner, the man later named as the prime suspect in the 2007 disappearance of British tot Madeleine McCann.
Hazel, who was violently raped in her apartment in Praia da Rocha, Algarve, has consistently maintained that the handling of her case by Portuguese authorities was condemned due to their investigative failings.
In her case, she alleges that Portuguese police failed to seize the blood-stained bed sheets and broken false nails from the struggle, which plainly contained important forensic evidence.She also argues that there was a failure to provide her with a translator so she could understand the process or provide a detailed witness statement at the time.
Hazel further alleges the imposition of surveillance on her after the incident, which included a direct approach by the Portuguese police to return to Ireland “due to the damage her allegations had on the tourism industry”.
She further alleges the closing of the case without notice despite striking similarities between her case and other offences that occurred in the area to which Brueckner is now accused.
Speaking today about her case Hazel said: “Lodging my case with the European Court of Human Rights is not just about seeking justice for myself — it's about standing up after being silenced and ignored for far too long.
“I carry the pain of how I was treated every single day, but I hope the Court will ensure that my human rights are protected in line with the very standards that is expected right across Europe. And that maybe, through this, Portugal, and other countries, will treat victims of rape, both domestic and foreign, with the decency and respect we deserve.”
A statement from her solicitors at Phoenix Law issued today claims Portuguese authorities “failed to pursue any clear lines of inquiry”.
“The systematic failings in the Portuguese investigation from the time have directly affected the ability of the German authorities to prosecute Brueckner for the rape of Ms Behan. It is for this reason Ms Behan brings the instant application to the European Court of Human Rights for violations of Article 3 (prohibition of inhuman or degrading treatment) and Article 8 (right to private life),” they said.
Darragh Mackin, Solicitor for Ms Behan said: “The European Court of Human Rights exists for a reason. It exists to ensure victims like Hazel Behan are guaranteed a minimum level of protections across the various member states.
"Through this action, Hazel has highlighted the systematic and inexcusable failings by the Portuguese authorities has denied her and many other victims, justice for nearly two decades. These failings have ultimately contributed to the acquittal of one of the most high profile perpetrators in modern history.
"This case is about ensuring that victims of sexual violence are not ignored, dismissed, or silenced by the very systems that are meant to protect them.”
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