An Irish woman who has claimed she was violently raped by the prime suspect in the disappearance of Madeleine McCann is taking her case to Europe.
Hazel Behan wants the European Court of Human Rights to investigate alleged failures in the original Portuguese investigation which followed the serious sexual assault she said she suffered in the country in 2004.
Ms Behan, 41, from the Irish county Westmeath, 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 are expected right across Europe.’
She said she also hopes that ‘maybe, through this, Portugal, and other countries, will treat victims of rape, both domestic and foreign, with the decency and respect we deserve’.
Last October, Christian Brueckner, a convicted sex offender currently imprisoned in Germany for similar offences, was acquitted by a court in Braunschweig, Germany, in relation to the charge of rape of Ms Behan.
Prosecutors in the trial had called for him to be jailed for a further 15 years, and the court heard him described as a ‘dangerous psychopathic sadist’.
However, Judge Uta Engemann said Brueckner could ‘not be convicted of the acts he is accused of’ because of the evidence presented.
Hazel Behan (pictured) wants the European Court of Human Rights to investigate alleged failures in the original Portuguese investigation which followed the serious sexual assault she said she suffered in the country in 2004
Last October, Christian Brueckner (pictured), a convicted sex offender currently imprisoned in Germany for similar offences, was acquitted by a court in Braunschweig, Germany, in relation to the charge of rape of Ms Behan
She came forward to investigators in July 2020, as she believed she recognised Brueckner when he was initially linked to the disappearance of three-year-old British girl Madeleine (pictured) in Portugal in 2007
Ms Behan, a former holiday rep, first spoke publicly about her experience on RTÉ’s Late Late Show in 2015 without identifying her attacker.
She came forward to investigators in July 2020, as she believed she recognised Brueckner when he was initially linked to the disappearance of three-year-old British girl Madeleine in Portugal in 2007.
She claimed Brueckner was her attacker, who tied her up and raped her three times while wearing a mask, after he climbed onto her apartment balcony while she was sleeping in Praia da Rocha, the Algarve. She was aged 20 at the time.
Ms Behan told the German court last May she would ‘never forget’ the blue eyes of Brueckner, whom she accused of leaving her with lasting injuries.
‘It is bored into my skull, I will never forget it,’ she said. ‘Everything he had on was so dark, it was like they were just lights, so bright that I just never… I just know them.’
She told the court she feared for her life during the ‘hateful, aggressive’ four-hour assault.
Yesterday, her solicitor, Darragh Mackin, confirmed that Ms Behan had lodged an application with the European Court of Human Rights (ECHR).
Ms Behan claimed Brueckner was her attacker, who tied her up and raped her three times while wearing a mask, after he climbed onto her apartment balcony while she was sleeping in Praia da Rocha, the Algarve. She was aged 20 at the time
He said the case centred on the alleged inaction of the Portuguese authorities in identifying and prosecuting Brueckner.
He said it is alleged there was a failure to seize the blood-stained bed sheets and broken false nails from the struggle, ‘which plainly contained important forensic evidence’.
It is also claimed the authorities failed to provide Ms Behan with a translator, so she could understand the process or provide a detailed witness statement.
It is alleged she was placed under surveillance after the incident, and that there was a direct approach by Portuguese police to make her return to Ireland, due to the ‘damage’ her allegations had on the tourism industry.
Finally, it is claimed the case was closed without her being given notice.
Mr Mackin said that despite striking similarities between her case and other offences that occurred in the area, for which Brueckner is now accused, the 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,’ he said.
Her solicitor, Darragh Mackin, confirmed that Ms Behan had lodged an application with the European Court of Human Rights (ECHR). He said the case centred on the alleged inaction of the Portuguese authorities in identifying and prosecuting Brueckner (pictured)
‘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).’
He continued: ‘Through this action, Hazel has highlighted how the systematic and inexcusable failings by the Portuguese authorities have 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.’
He said this case is about ‘ensuring victims of sexual violence are not ignored, dismissed or silenced by the very systems that are meant to protect them’.
