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The family of Jean Charles de Menezes accused the Metropolitan Police of “getting away with murder” today after 11 officers escaped punishment over his death.
The officers who mistook the Brazilian for a suicide bomber and shot him will not be disciplined, the Independent Police Complaints Commission (IPCC) said.
But the threat of a disciplinary tribunal still hangs over four senior officers including Commander Cressida Dick, who authorised the shoot-to-kill policy.
The IPCC said one surveillance officer will be given “management advice” over action he took after the shooting at Stockwell Tube station.
Patricia da Silva Armani, Mr de Menezes’ cousin, who lived with him in Scotia Road at the time of his death, said her family were bitterly disappointed.
She said: “It is disgraceful the IPCC can make such a decision - they are letting the police get away with murder.
“First officials killed my cousin, then they lied about it and now the officers are walking away without any punishment. It is a travesty of justice and another slap in the face for our family.
“The police officers lives' go on as normal while we exist in turmoil, fighting to get the answers and justice we deserve.”
Mr de Menezes, an electrician, was shot seven times in the head after being mistaken for a suicide bomber at Stockwell tube station on July 22, 2005.
His death came in the aftermath of the 7/7 London bombings in which 52 people were killed and hundreds injured in the worst terrorist atrocity in British history.
The Metropolitan Police faces prosecution under health and safety laws for organisational failings connected to the shooting. The IPCC said that no decision about the fate of the four senior officers will be made until after the trial, scheduled for October.
But the Justice4Jean Campaign, set up by his family and friends, said today’s decision could prejudice the health and safety trial.
A spokesman said: “Today’s decision effectively says police officers can act above the law, free to take human life without facing a full legal investigation like anyone else.”
The de Menezes family said they are “gravely disappointed” that the officers have been exonerated. Their legal team said it is “highly unusual” for the disciplinary decision to be made prior to the conclusion of criminal proceedings.
A spokeswoman said that the family believe criminal charges for manslaughter through gross negligence can still be brought against the four senior officers.
She said: “We can see no advantage in making this early announcement, other than to provide relief to the officers facing potential disciplinary charges.
“Whilst the officers are spared that ongoing anxiety, the family are given no relief to their own agony, grief and anxiety caused by their lack of access to all the evidence surrounding the shooting of their loved one.
“We hope ultimately that all the officers about whom evidence emerges of wrongdoing that led to this wrongful death are ultimately rendered fully accountable.”
Nick Hardwick, IPCC chairman, said Mr de Menezes was “entirely innocent” and could not have done anything to escape.
He said the grief of Mr de Menezes’ family was “entirely understandable”, but there is no realistic prospect of the 11 officers being disciplined.
A Metropolitan Police spokesman said the force is sorry for the death of Mr de Menezes.
He said: “We welcome this move forward and are pleased for these officers and their families who have faced much uncertainty.”
The results of a second IPCC investigation - codenamed Stockwell 2 - which looked into complaints about comments made by Commissioner Sir Ian Blair and colleagues following the shooting, will be made public later this year.
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