An Irish woman allegedly raped by Madeleine McCann murder suspect Christian Brückner is taking a legal case against the Portuguese authorities over their handling of her attack.
Belfast law firm Phoenix Law says Hazel Behan has "lodged an application before the European Court of Human Rights (ECHR) challenging the Portuguese authorities’ failure to properly investigate the serious sexual assault she suffered in 2004".
The case centres on the alleged inaction of the Portuguese authorities in identifying and prosecuting Brückner, the man later named as the prime suspect in the disappearance of Madeleine McCann.
Hazel Behan, 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. Those failings, according a statement issued by Phoenix Law on Wednesday, include the failure to seize the blood-stained bed sheets and broken false nails from the struggle, which plainly contained important forensic evidence; The failure to provide Hazel with a translator so she could understand the process or provide a detailed witness statement; The imposition of surveillance on Hazel 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; and The closing of the case without notice.
Despite striking similarities between her case and other offences that occurred in the area (to which Brückner is now accused), the Portuguese authorities failed to pursue any clear lines of inquiry.
Christian Brückner, a convicted sex offender currently imprisoned in Germany for similar offences, has since been acquitted by a German court in relation to the charge of violent rape of Ms Behan.
The systematic failings in the Portuguese investigation from the time have directly affected the ability of the German authorities to prosecute Brückner 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).
Ms Behan 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.”
Darragh Mackin, from Phoenix Law, who is acting as 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 perpertrators 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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