Irish woman allegedly raped by suspect in Madeleine McCann disappearance takes human rights case

Hazel Behan’s application to European court alleges inaction by Portuguese police in identifying and prosecuting Christian Brückner

A case brought by Hazel Behan claims failures by the Portuguese police in identifying and prosecuting Christian  Brückner. Photograph: Alexander Koerner/Getty Images
A case brought by Hazel Behan claims failures by the Portuguese police in identifying and prosecuting Christian Brückner. Photograph: Alexander Koerner/Getty Images

An Irish woman who was allegedly raped by Christian Brückner, the chief suspect in the disappearance of Madeleine McCann, has lodged a case in Europe over failures by the Portuguese police who investigated her case.

Last year, a German court heard Hazel Behan (40), from Co Westmeath, was raped by the German national in June 2004 while she worked as a holiday rep in Portugal.

He was also charged with the sexual abuse of two children between 2000 and 2017.

The case ended after 30 days with all charges thrown out. The verdict was widely expected after the court revoked the original arrest warrant against Brückner over an issue around jurisdiction.

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The German man has multiple previous convictions, including a 2019 sentence for the rape of a 72-year-old American tourist in Portugal in 2005.

In 2020, he was named as chief suspect in the disappearance of three-year-old British girl Madeline McCann from her family’s holiday apartment in Praia da Luz, Portugal in 2007.

On Wednesday, Ms Behan’s solicitor Darragh Mackin said he has lodged an application with the European Court of Human Rights (ECHR) regarding alleged inaction by Portuguese police in identifying and prosecuting Brückner for Ms Behan’s rape.

Ms Behan alleges the police failed to pursue clear lines of inquiry in circumstances where there were “striking similarities” between her case and other attacks in the area in which Brückner is a suspect.

Specifically, she alleges police failed to seize blood-stained sheets and broken false nails from the apartment where she was attacked that may have provided valuable forensic evidence.

The case will allege police failed to provide Ms Behan with a translator during the investigation and that she was put under surveillance after the incident.

Ms Behan says she was directly asked by the Portuguese police to return to Ireland “due to the damage her allegations had on the tourism industry”.

These investigative failings impacted the ability of German authorities to prosecute Brückner, Mr Mackin said.

The ECHR case is being brought on the basis that Ms Behan’s rights under European Court of Human Rights were breached by Portuguese authorities.

“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,” Ms Behan said in a statement.

“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.”

Mr Mackin said police 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.”

Conor Gallagher

Conor Gallagher

Conor Gallagher is Crime and Security Correspondent of The Irish Times