Irish rape victim Hazel Behan takes case to European Court of Human Rights

An Irishwoman who alleged she was raped at knifepoint by the main suspect in the disappearance of toddler Madeleine McCann is bringing a case to the European Court of Human Rights (ECHR) against the Portuguese authorities over their handling of her attack.

Hazel Behan has claimed that the Portuguese authorities failed to properly investigate rapist Christian Bruckner over her serious sexual assault in 2004.

Ms Behan, who has waived her right to anonymity, lodged an application before the ECHR on Wednesday.

Despite striking similarities between her case and other offences that occurred in the area, to which Bruckner is now accused, the Portuguese authorities failed to pursue any clear lines of inquiry

Bruckner, a convicted sex offender who is serving a jail sentence in Germany for rape, was acquitted by a German court in relation to the charge of violent rape of Ms Behan.

Ms Behan is accusing the Portuguese authorities of alleged “inaction” in identifying and prosecuting Bruckner.

Ms 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.

She claims that their failings include the alleged failure to seize blood-stained bed sheets and false nails broken from the struggle which “plainly contained important forensic evidence”.

She further claims that there was a failure to provide a translator so she could understand the process or provide a detailed witness statement.

In a statement from Belfast law firm Phoenix Law, they added the claim also included: “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 Bruckner 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 Bruckner for the rape of Ms Behan.”

Ms Behan is bringing a case alleging violations of Article 3 (prohibition of inhuman or degrading treatment) and Article 8 (right to private life).

She 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, 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.”