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Rape survivor Hazel Behan takes case to European Court

Hazel Behan's case alleges inaction on the part of the Portuguese authorities
Hazel Behan's case alleges inaction on the part of the Portuguese authorities

A rape survivor is taking a case to the European Court of Human Rights over what she alleges is the failure of the Portuguese authorities to properly investigate the assault on her in 2004.

Hazel Behan was violently raped in her apartment in Praia da Rocha, in the Algarve in 2004.

Convicted rapist and sex offender, Christian Brueckner, who was later named as the prime suspect in the disappearance of Madeleine McCann, was tried and acquitted last year in a German court in relation to the rape of Ms Behan as well as the separate rapes of a teenage girl and another woman.

He was also acquitted of sexually abusing two children.

He is already serving a seven year term in Germany for raping an American pensioner in Portugal in 2005.

Ms Behan’s case alleges inaction on the part of the Portuguese authorities in identifying and prosecuting Brueckner.

She claims there was a failure to seize important forensic evidence including blood-stained bed sheets and broken false nails.

She also says there was a failure to provide her with a translator so she could understand the process or provide a detailed witness statement.

Christian Brueckner was tried and acquitted last year in a German court

She says surveillance was imposed on her afterwards and there was a "direct approach" by Portuguese police urging her to return to Ireland due to the damage her allegations had on the tourism industry.

And she says the case was closed without notice.

Ms Behan says the failings in the Portuguese investigation at the time directly affected the ability of the German authorities to prosecute Brueckner.

In her application to the European Court of Human Rights she says her rights to a private life and to be protected from inhuman or degrading treatment have been violated.

In a statement issued through her solicitor, Darragh Mackin of Phoenix Law, Ms Behan said lodging her case was not about seeking justice for herself, she said it was about "standing up after being silenced and ignored for far too long".

Ms Behan said she carried the pain of how she was treated every single day.

But she said she hoped through her action, Portugal and other countries would treat victims of rape, domestic and foreign with the decency and respect they deserved.

Mr Mackin said Ms Behan was highlighting "systematic and inexcusable failings" by the Portuguese authorities.

He said the case was about ensuring that victims of sexual violence were not ignored, dismissed or silenced by the systems that were meant to protect them.