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Irish Woman Appeals Madeleine McCann Suspect Rape Case to European Court
An Irish woman, alleging she was violently sexually assaulted by the primary suspect in the Madeleine McCann disappearance, is escalating her legal battle to the European Court of Human Rights (ECHR). Hazel Behan is seeking a probe into purported inadequacies in the original Portuguese inquiry following the grave sexual assault she reports enduring in Portugal in 2004.
Seeking Justice and Accountability
Ms. Behan, 41, from County Westmeath, Ireland, stated, “Submitting my case to the European Court of Human Rights is not solely about pursuing justice for myself – it is about asserting myself after being silenced and disregarded for an extended period.”
She added, “I bear the burden of the treatment I received daily, but I hope the court will guarantee my human rights are safeguarded in accordance with the standards anticipated throughout Europe.”
Ms. Behan also expressed her aspiration that “perhaps, consequently, Portugal, and other nations, will treat survivors of sexual violence, both domestic and foreign, with the respect and dignity we are due.”
Brueckner’s Acquittal in German Court
Last October, Christian Brueckner, a convicted sex offender serving time in Germany for similar offences, was acquitted by a court in Braunschweig, Germany, regarding the accusation of raping Ms. Behan.
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During the trial, prosecutors had urged for an additional 15-year prison sentence, describing him as a ‘dangerous psychopathic sadist’.
However, Judge Uta Engemann stated that Brueckner could ‘not be convicted of the actions he is accused of’ due to the presented evidence.
Behan’s Identification and Detailed Account
Ms. Behan, a former holiday representative, initially spoke publicly about her ordeal on RTÉ’s Late Late Show in 2015, without naming her assailant.
She approached investigators in July 2020 after recognising Brueckner when he was initially linked to the 2007 disappearance of three-year-old British girl Madeleine McCann in Portugal.
Ms. Behan asserted that Brueckner was the perpetrator who tied her up and raped her three times while masked, after climbing onto her apartment balcony as she slept in Praia da Rocha, Algarve. She was 20 years old at the time.
In her testimony to the German court last May, Ms. Behan recounted that she would ‘never forget’ Brueckner’s blue eyes, whom she accused of inflicting lasting trauma.
“It is etched into my skull, I will never forget it,” she testified. “Everything he wore was so dark, it was like they were just lights, so bright that I just never… I just know them.”
She informed the court of fearing for her life during the ‘hateful, aggressive’ four-hour assault.
ECHR Application and Alleged Inaction
Yesterday, her solicitor, Darragh Mackin, confirmed that Ms. Behan had submitted an application to the European Court of Human Rights (ECHR).
Mr. Mackin explained that the case is centered on the purported inaction of Portuguese authorities in identifying and prosecuting Brueckner for the sexual assault.
Failures in Portuguese Investigation Claimed
According to the application, there was an alleged failure to seize blood-stained bed linens and broken false fingernails from the struggle, ‘which clearly held significant forensic evidence’.
Further claims include the authorities’ alleged failure to provide Ms. Behan with a translator, hindering her understanding of the process and ability to give a comprehensive witness statement.
It is also alleged that she was placed under surveillance post-incident, and that Portuguese police directly pressured her to return to Ireland due to the perceived ‘damage’ her allegations caused to the tourism sector.
Finally, the application argues that the case was closed without notifying Ms. Behan.
Systemic Failings and Impact on German Prosecution
Mr. Mackin contended that despite notable parallels between Ms. Behan’s case and other offenses in the region, for which Brueckner is now implicated, Portuguese authorities neglected to pursue очевидные avenues of investigation.
“The systematic failings in the Portuguese investigation from the outset have directly undermined the German authorities’ capacity to prosecute Brueckner for the rape of Ms. Behan,” he asserted.
“It is for this reason that Ms. Behan is bringing this application to the European Court of Human Rights for breaches of Article 3 (prohibition of inhuman or degrading treatment) and Article 8 (right to private life).”
He concluded: “Through this action, Hazel has underscored how the systematic and inexcusable shortcomings by the Portuguese authorities have denied her, and numerous other victims, justice for nearly two decades.”
“These failings have ultimately contributed to the acquittal of a highly notorious perpetrator in recent history.”
Mr. Mackin emphasized that this case is about “ensuring survivors of sexual violence are neither ignored, dismissed, nor silenced by the very systems designed to protect them.”