08 Nov 2007

The human rights group Liberty today accused the Independent Police Complaints Commission (IPCC) of delaying justice by publishing its report 28 months after the fatal shooting of Jean Charles de Menezes in July 2005.

Liberty said that the report should have been published immediately when the Crown Prosecution Service determined that no individuals would be tried in the case, and questioned whether the IPCC had handled the case robustly.

Liberty Director Shami Chakrabarti said:

“Through its hesitation, the IPCC has unnecessarily delayed justice for 28 months. The IPCC report may help prevent future tragedies, but has done little to achieve trust and confidence in policing or the IPCC itself.”

Liberty called for Parliamentary scrutiny of the “Operation Kratos” firearms policy and related matters, and stressed that the finding that Sir Ian Blair hindered the IPCC investigation should provide the last word on his ability to retain the confidence of Londoners and the officers bound to protect them.

Contact: Jen Corlew on 0207 378 3656 or 079 7383 1128

NOTES TO EDITORS

Timeline:

1 November 2007 - The Metropolitan Police is fined GBP175,000 and ordered to pay GBP385,000 costs after being convicted of breaching health and safety legislation.

1 October 2007 - The trial of the Office of the Commissioner on health and safety charges begins at the Old Bailey. The Metropolitan Police are accused of a "catastrophic" series of failures leading up to the death of Mr de Menezes.

2 August 2007 - The IPCC Stockwell Two report finds "serious weaknesses" in how the Metropolitan Police handled critical information following the shooting.

11 May 2007 - The IPCC stated that 11 of 15 officers named in the investigation will be cleared of any disciplinary offences, but action in regard to the four remaining senior officers will be delayed until the Scotland Yard trial brought by the Crown Prosecution Service under heath and safety laws over the death of Mr. Menezes is completed.

17 July 2006 - The CPS announces it is to prosecute the Metropolitan Police under health and safety laws. No individual police officers are charged.

27 July 2005 - The Independent Police Complaints Commission (IPCC) begins its investigation into the shooting.

25 July 2005 - An inquest into the death of Mr de Menezes is opened at Southwark Coroner's Court.

22 July 2005 - Jean Charles de Menezes, an innocent Brazilian electrician, is mistaken for a terror suspect and shot seven times by firearms officers at Stockwell Tube station in London.

Liberty’s Public Statement following the shooting of de Menezes

July 2005

Article 2 of the European Convention on Human Rights (part of our Human Rights Act) protects the right to life and places onerous obligations on the State to protect the lives of all us. This principle places tight limitations on the use of deliberate and lethal force.

Such action is the gravest of steps in a democracy. It can only ever be justified where “absolutely necessary”; where there is no other way of effectively protecting the lives of others.

Even in the context of a suspected suicide bomber, Article 2 requires that everything possible is done to avoid a moment where lethal force is the only viable means of preventing the suspect from detonating a device and bringing injury and death to others. However, there may be situations where lethal force is the only means of protecting huge loss of life.

It is important to draw a distinction between accepting that such action might be justified and the need to scrutinise any policy that allows for an innocent man to be shot in the head eight times. Whenever someone dies at the hands of the State, there must be a fully independent and comprehensive Inquiry. This applies whether the person concerned was innocent, reasonably suspected or even guilty of criminality. This Inquiry must answer questions about the surveillance operation; the pursuit of Mr de Menezes; and why non-lethal action was not taken. It must also scrutinise guidance given on the use of lethal force, the training of officers, and the adequacy of intelligence and information through the chain of the command. The Inquiry should not be a witch-hunt, but everything must be done to ensure that no more innocent people die.

Many Londoners, particularly those from ethnic minorities, will now be concerned not only about future terrorist attacks but also further police shootings. The police took great care to allay fears after recent attacks. They should now do everything possible to reassure the public that Mr de Menezes’ death was a tragic mistake that will not be repeated. We look forward to a prompt and satisfactory conclusion to the current criminal and Independent Police Complaints Commission inquiries. Liberty strives never to prejudge legal process, whether it concerns an asylum seeker or a police officer. We believe that these investigations and any further police operations must be governed by the human rights values set out above.