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ECHR: UK Prosecutors Right Not to Charge Police in London Tube Shooting

© REUTERS / Suzanne PlunkettCousin of Jean Charles de Menezes, Vivian Figueiredo, stands in front of a banner during a memorial service for de Menezes outside Stockwell Underground Station in London, Britain in this July 22, 2015.
Cousin of Jean Charles de Menezes, Vivian Figueiredo, stands in front of a banner during a memorial service for de Menezes outside Stockwell Underground Station in London, Britain in this July 22, 2015. - Sputnik International
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British prosecutors were right not to charge the individual police officers responsible for the fatal 2005 shooting of Brazilian man Jean Charles de Menezes on a London train, the European Court of Human Rights (ECHR) has ruled in a landmark case.

The decision marks the end of an eight-year legal battle brought forward by Mr Menezes' family, who sought to have the individual officers responsible for the victim's death charged.

The ECHR backed the 2006 decision taken by the UK's Crown Prosecution Service (CPS), which ruled that it would not lay charges against the two police officers, who mistakenly identified Mr Menezes as a suicide bomber, before pinning him down and shooting him inside the carriage of a train at London's Stockwell underground station.

De Menezes was killed on July 22, 2005, just two weeks after the July 7 London bombings, which claimed the lives of 52 people, and one day after unexploded bombs were found on three tube trains and a bus in the city.

The subsequent decision not to charge any individual officers for the death led to a series of legal challenges from the victim's family and public outrage, amid claims the police were not being made responsible for their actions.

A Series of Mistakes

On the morning of Mr Menezes' death, surveillance officers followed him from his home in Tulse Hill, south London, to Stockwell underground station as he made his way to work.

The Brazilian national, who shared the same address as two terror suspects, was mistakenly identified as a suicide bomber, and was pinned down and shot in the head numerous times by two officers as he entered one of the train's carriages.

An Independent Police Complaints Commission (IPCC) report in 2006 found that Mr de Menezes had been killed as a result of a number of avoidable mistakes, while the investigation identified a number of possible criminal offences committed by the officers, including murder and gross negligence.

Despite these findings, the UK's Crown Prosecution Service (CPS) decided not to press charges against any of the individual officers involved in the death, citing no realistic prospect of conviction.

Long Legal Battle

Cousins Alessandro Pereira, right, Vivian Figueiredo and friend Erionaldo da Silva, left, observe a minute's silence on the 10-year-anniversary of the death of 27-year-old Brazilian electrician Jean Charles de Menezes, shot by British police who thought he was a terrorist in the tense aftermath of deadly 2005 London subway bombings, at Stockwell station in London, Wednesday, July 22, 2015. - Sputnik International
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The decision led to a series of legal challenges, with Mr de Menezes' family challenging the CPS' decision in the ECHR, arguing that the officers involved in his death breached the European Convention of Human Rights relating to the right to live.

While no charges were laid against individuals, the Metropolitan Police Service was later fined US$250,000 (£175,000) under health and safety legislation. Although the decision held the police service responsible, the jury absolved the officer in charge of any "personal culpability."

This was also followed up by a 2008 inquest, which returned an open verdict, after rejecting the official account of events.

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