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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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THE BOTTOM LINE HERE IS THAT THE POLICE GOT IT WRONG....AND SHOULD HAVE SAID SORRY IMMEDIATELY AND SORTED THEIR OWN MESS OUT...instead they went on a campaign of hate and smearing against this dead man which was disgusting and offensive....
The person who gave the wrong order should be made to take the blame...the rest were following orders but WHO got the information so badly wrong is what needs to be sorted here and that person be made to shoulder the blame....the met police as an organisation should be made to take respobsibilty and blame
ruby cooper, nice, france
The Police Complaints Authority in 2003 examined a rise in police shootings and found that the London force was twice as likely as others to open fire on a suspect. The PCA looked at 24 police shootings, including 11 fatalities, between 1998 and 2001 and concluded that many of those shot were mentally ill or under the influence of drugs or alcohol. The report noted that 55 shots had been fired by police and no suspects had fired back.
Alan, West Hampstead, UK
The real problem is that no policeman in his right mind would take on this sort of job if he is to be crucified for making a mistake. Get over it! By making gun crime and terrorism more common, the criminals, not the police, have brought about these accidents and it is the human rights activists who are ensuring even more such accidents occur by encouraging and making excuses for the criminals
Bob Finbow, Haverhill, England
This is just another murder in a long line of police killings in which no one has had to answer for. Forgive me if my memory is wrong but I can not remember one policeman going to prison for killing the wrong person, be it a large black woman or a small child in bed. Shoot away chaps, we wait for the next case and the same outcome. Nothing.
martin kinnear, Briston, UK
The order was shoot to kill. Kill immediately, paralyzing the nervous system instantly. That order was clearly wrong. But the officers who believed that they would not only be killed themselves, but believed that others on the train would also be killed if they failed to eliminate Menezes ability to trigger a bomb are guilty of what? Following orders? Performing their duty as it was understood in a very fluid situation?
A friend of mine is acquainted with several of the officers in question, and it is sick to suggest that there was any gratification at all in what they did: Several are suffering from nervous or mental ailments as the result of what occurred. Rather than second guessing men who truly believed that they needed to do what was done, we should be commending them.
If not, the next time a police officer following a real terrorist with explosives capable of killing many people will start second guessing himself, leading to a much worse tragedy than one innocent man dead.
N Frengle, Basingstoke, UK
The real agenda here is that armed officers would have to be paid more if they were going to be held accountable. The fear is that if one officer is convicted of manslaughter many would go back to unarmed duties because they are not paid much more. There is a growing list of unjustified shootings and in every case the officers are exonerated after a long-dawn-out enquiry. It's a policy, to save money.
Nigel Robertson, Melton Mowbray, UK
May be the officers were innocent. Would IPCC publish how they arrived at this decision.
Without the details in public domain it clearly looks like a cover-up.
Shane, Farnborough,
As someone who has carried a gun and worked alongside Armed Emergency response Officers in both Canada and the U.S., several things puzzle me..
During initial surveillance of the suspect continuity was lost. The chain was broken.
Positive identifucation could not be confirmed by officers. De Menenzes clothing was appropriate for conditions of the day. A suicide vest would have shown bulk.
Any tackling should have been done before he entered a confined public area.
Airwave, (the U.K.police radio), was not designed to work in underground conditions. Communication would have been a problem. The officers would have been working "blind" once in the underground, without transponders..
Automatic weapons normally fire only two bullets when double tapped. Why seven?
Was it a case of "Red Mist"?
Why was the shoot to kill order not rescinded with so many gaps, inconsistencies and questions?
I am increasingly uneasy about many U.K. Police Forces. Assessments remain weak.
Pat van der Veer (Ban), Wallasey, Merseyside ., U.K.
It is understandable to let off a shot in the heat of the moment - I have been a soldier and seen that happen. It is understandable to use excessive force when arresting someone you feel poses an immenent threat to others - I've seen that happen.
But firing six times into someone's head - each act requiring the concious decision to pull the trigger - knowing that one 9mm parabellum bullet at that range is going to incapacitate the victim - and while that person is being subdued by several other officers - that cannot be explained by the heat of the moment.
Alan Watkins-Groves, Lincoln, UK,
Having been trained in the military and used similar weapons I can assure you this is not the adrenalin buzz I remember, this overkill smacks of macho enjoyment at its very worst.
These officers and their superiors require serious retraining in the use of deadly force situations.
My condolences to the family
E G Rigby, London, UK
If he had not run he would not have been shot.
If he was a suicide bomber and the police again failed to shoot they would be damned for that course of action
p .perry, london,
It appears that the British Police has been "harmonized" with their American (and global) counterparts. This is merely an indication of what is to come.
Dijon, Havant,
There is no doubt that, given the dubious circumstances surrounding this homicide, the Police Officers concerned, both Junior and Senior, should be put before a court so that a jury can decide whether their is sufficiant evidence to convict them of Murder or Manslaughter. It is not for their fellow members of the Establishment to make such decisions.
N. McCart, Cheltenham, England
This part of the first comment posted by Marion makes me utterly depressed and w/o hope that we as humans on this earth will ever have the respect for other humans to eliminate all savagery and conflict.
"I regret that Mr Menendez was wrongly killed but I am British and I am definitely not ashamed of this outcome."
Is a wrongful death worse when the citizen is one of yours than a citizen of another country ??? Is that why the media seems to think hundred of thousands of civilian Iraqi deaths are somewhat inconsequential? I'll venture to say that I am embarrassed to be human
Rich, Brooklyn, US
Say what you will about the USA, in America officers who sneaked up on a person, held him down and then shot 7 bullets into his head would spend the rest of their lives in prison.
Steve_Holden, West, Texas
Everything has NOT been done 'in the full view of the public' - this sort of self proclaimed 'fact' peppers peoples comments. The full facts are still withheld - they are not in the public domain and wont be until all trials are completed and most wont be for 'security reasons'.
The standard on-the --ground plod is not educated or world aware (ever dealt with them) and basically did what he was told - but needs to have some sort of punishment for shooting an innocent man. The real responsibility is with those who provided the intelligence and managed the operation.
Remember that the IPCC was asked NOT to investigate this by the Met Police - what sort of mentality is that?
Al, London,
There is no doubt whatever that the officers who killed this man should be put before the court, where the jury would decide whether their was sufficiant evidence to convict them of murder or manslaughter - this decision should not be taken by their Establishment friends.
N. McCart, Cheltenham, England
We new that from the start .
Once a case goes to that farcical organisation IPCC, the killer cops know that they have got away with it ,
- even if as in this case they shot the victim Menendez with bullets that are so destructive that they are banned in warfare.
The IPCC is regularly used to prolong cases, and delay and frustrate the victims families.
Disgraceful.
This does not send a good message about us to the rest of the world.
K Urban, London, UK, A police state under ruler Blair
An utter disgrace. That the officer needed to fire seven shots into a man's head at point blank range (after, let's not forget, allowing him to get onto a mass transit vehicle despite believing him to be a suicide bomber) indicates one of two things.
Either:
He needed seven shots to immobilse a target at close range, in which case he is unfit to be armed;
Or, he panicked and emptied his weapon when he got the chance. In which case he is unfit to be armed.
An innocent man was slaughtered in public because an armed police officer was unfit for his post.
Under the Blair rules, this is considered fair and just. An utter disgrace.
Ian Duncan, Manchester,
So, murder is legal! If it is comitted by the police !
F.Whiting, Bristol, U.K.
Disgraceful, utter travesty of justice if no one is to be held accountable for an entirely innocent man being shot in the head on the underground in this way. The whole operation was bodged.
And to those who say it was at a difficult time, I say what if it had been your brother or son? Do any circumstances justify taking the life of an entirely innocent man on no evidence at all that he was guilty, just blind panic. AND the police lied about it afterwards as well to cover the tracks.
Makes me ashamed to be British and a Londoner.
hmJackson, London, England
We need to take the sentimental and religious comments out of the above. Yes this is undoubtedly a tragedy in which a security operation went wrong, but there can be no doubt that these officers were acting on the basis of the best information available to them, making split second judgements. As far as they knew, this man was about to blow a train up, and they took a decision to use lethal force. Now as you sit there in the comfort and calm of your home, in front of your computer, it is innappropriate for you to pass judgement on this situation. It is interesting in the above comments that Christians find it so easy to make such 'folksy' and absolute judgements. Our Canadian friend above who suggests they did it 'because they could get away with it' has such an impovershed view of the complexity of this tragedy which has undoubtedly effected all the lives of those involved.
James, Leicester,
I just do not understand where E MacClachlan or Marie of Enfield are coming from. I regret that Mr Menendez was wrongly killed but I am British and I am definitely not ashamed of this outcome. However, everything that has happened subsequent to the shooting has been done in the full view of the press and public. An independent review body that would be the envy of most countries has determined that the actions of the police involved were not criminal. The very large and vociferous Menendez family and their "supporters" have been bankrolled for two years by the British. It will be difficult for them to give up their celebrity lifestyle now that the obvious has been stated and that there is no evidence of criminality by the police but I agree with those who suggest that it is now time for them to go home.
Marion Morrison, Cheltenham,
The man had his hands above his head- there is no way that he could have detonated a bomb, consequently there was absolutely no need for the officers to shoot him 7 times in the head!. They obviously thought it was 'better to be safe than sorry'- an absolute disgrace.
Why can't we have a grown-up attitude towards the police force, individuals will make errors of judgement or worse, why should they not be held accountable like any other profession?
Ian, Manchester,
This is utterly disgusting. I don't care that they were involved in a stressful terrorist operation, there is simply no excuse for murder. The British police have a global reputation for NOT acting like triggerhappy cowboys, but this has been undermined totally and finally by this terrible murder.
Why are the police in this country above the law they work to enforce? It all adds to the lack of respect and the developing sense of dishonesty that the police are engendering, regarding themselves, in the younger generations.
This is no example to set, the upholders of law and order, treating innocent people as targets. No wonder our country is descending into violent madness...
Jennifer Hynes, Plymouth, England
Proper procedures???? Please, what if the suspect had a dead man's trigger? Would the police risk being blown up as well? Another thing, what if this person was your father, brother or son? How would you feel? what would you want done to the responsible of these actions? The population gives for granted their rights to question and investigate. Democracy = secrets and lies? since when? question your leaders, demand answers. People will not go that far because the illusion of safety is there. Stand up and question your leaders and the responsible for intolerable actions like this one should be punished. When was the last time any regular citizen got away with murder?
Gabriel Cordido, Guama, Vnzla
We need to support the police officers in such difficult circumstances. Look at the media heat at MI5 for not intercepting the 7/7 bombers. What would have the reaction been if armed police HAD left a suicide bomber run on a train when they had a clear shot? Whilst mistakes like this are without doubt tragic- the police officers were not intending to murder an innocent civilian and should not be tried in the same circumstances.
Incidentally had this been in Brazil, I am more than sure that there would not have even been an enquiry.
Jake, Glasgow,
What a travesty of justice. As a Christian I am apalled at the lack of humanity in the judicial process. Obviously this means another example of "double standard", "them against us". Whatever happened to "innocent until proven guilty"? Those police officers, especially senior officials decided to play "God" and executed a fellow human being because they could get away with it. So much for living in a democracy - what a cruel joke!
E. MacLachlan, Markham, Ontario Canada
Yet they (British Government) rail against justice in Zimbabwe. Seems as if it is all the same.
Actions of the Brown Shirts are protected under the Government claim that they were just following proper procedures.
richard cattermoul, memphis, tn, usa
This seems to be a very sensible outcome in a very difficult case. Clearly the Menendez family will be disappointed that the police officers involved have not been hung out to dry but one hopes now that they will feel able to return to their homes in Brazil and rebuild their lives having been through an obviously traumatising experience following this incident. In my experience, home is always best at a time like this.
Tam Earl-Aine, Cheltenham, Gloucestershire
What a travesty of justice. I am appalled at the callous nature of the government and the police department on whole. Whatever happened to "innocent until proven guilty". The police officials (senior management) decided to play "God" and executed a fellow human being because they knew they could get away with it. So sad, cruelty reins again. Where is our democracy now?
E. MacLachlan, elalihast@hotmail.com, Markham
Justice has NOT prevailed here and I am ashamed to call myself British. Democracy? That's laughable and we should hang our heads in shame at this ruling rather than pointing the finger at other nations we feel are less democratic and fair than us.
I send my sincere condolences to the family of the late and moreover, innocent, Charles de Menezes and say how sorry I am that it's unlikely you will never see justice for your loved one. Please do not feel that all British people are as cowardly in not facing up to something that was completely mis-managed and wrong in every sense of the word.
God rest Charles' soul.
Marie
Marie , Enfield, UK