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UK 'right not to charge Jean Charles de Menezes police' Jean Charles de Menezes family loses European court fight
(35 minutes later)
The decision not to prosecute UK police over the 2005 shooting of Jean Charles de Menezes has been backed by the European Court of Human Rights.The decision not to prosecute UK police over the 2005 shooting of Jean Charles de Menezes has been backed by the European Court of Human Rights.
The Brazilian electrician was killed at Stockwell Tube station by police who mistook him for a terror suspect.The Brazilian electrician was killed at Stockwell Tube station by police who mistook him for a terror suspect.
His family had argued that the bar for prosecution should be lower, and that officers should not have been allowed to claim they acted in self-defence.
Judges said the prosecutors' decision did not breach human rights laws.
UK authorities thoroughly investigated, and concluded there was not enough evidence to prosecute any one officer over the shooting, the court ruled.UK authorities thoroughly investigated, and concluded there was not enough evidence to prosecute any one officer over the shooting, the court ruled.
Their decision did not breach human rights laws, judges said. Mr de Menezes' family had argued that the assessment used by British prosecutors in deciding no-one should be charged was incompatible with Article 2 of the European Convention on Human Rights - which covers the right to life.
They claimed the test applied by the Crown Prosecution Service - that there should be sufficient evidence for a "realistic prospect" of conviction - was too high a threshold.
However, judges ruled against them by 13 votes to four.
Profile: Jean Charles de Menezes
The UK government said the Strasbourg court had handed down "the right judgment".
"The facts of this case are tragic, but the government considers that the court has upheld the important principle that individuals are only prosecuted where there is a realistic prospect of conviction," a spokesperson said.
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