European Court of Human Rights Rules U.K. Authorities Did not Fail in Obligation to Conduct an Effective Investigation into Fatal Shooting in London Underground (March 30, 2016) [1]
On March 30, 2016, the European Court of Human Rights ruled [3] in Armani Da Silva v. the United Kingdom that the U.K. criminal justice and prosecutorial systems had not undermined the investigation into the fatal shooting in the London underground. According to the press release [4], Charles de Menezes was shot by two London Metropolitan police officers in 2005, who mistakenly believed him to be involved in the July 7 bombings in 2005. While no charges were brought against the individual officers, the police authority was found guilty for “failings in the operation’s planning and implementation,” such as “a failure to identify Mr de Menezes and a failure to deploy the [officers] in time to stop possible suspects leaving Scotia Road.” The Court started out by noting that the test for self-defense in the U.K. centered on “whether there existed an honest and genuine belief that the use of force was necessary and the reasonabless of that belief,” which is similar to the Court’s own approach and had been applied by all authorities involved in the investigation. It further found that the “evidential test applied . . . in deciding whether to prosecute” was within the state’s margin of appreciation and “Article 2 [of the European Convention on Human Rights [5]] did not require the evidential test to be lowered in cases where deaths had occurred at the hands of State agents.” The Court further found that the authorities had ensured that those responsible for Menezes death were held accountable, stressing that the Metropolitan Police “had publicly accepted that he had been killed in error.” The Court further noted the extensive investigation into both the individual officers and the police authority, highlighting that “[i]nstitutional and operational failings were identified and detailed recommendations made to ensure that the mistakes . . . were not repeated.” Expressing understanding for the frustration of the victim’s family, the Court concluded that “the decision not to prosecute any individual officer had not been due to any failings in the investigation or the State’s tolerance of or collusion in unlawful acts,” and thus “the domestic authorities had not failed in their obligations under Article 2 of the Convention to conduct an effective investigation into the shooting of Mr de Menezes.”