AMNESTY INTERNATIONAL
Public Statement
4 December 2006
United Kingdom --
The Killing of Jean Charles de Menezes: let justice take its course Quote:
On 5 December 2006, in the High Court of England and Wales, lawyers acting on behalf of the family of Jean Charles de Menezes will challenge -- by way of judicial review -- the decision of the Crown Prosecution Service of England and Wales (CPS)1 not to bring criminal charges against any individuals in connection with his killing in 2005. The lawyers will argue that the CPS’s decision is flawed; and that there is enough evidence in the case, prima facie, to mount a prosecution of individuals for homicide offences.
Amnesty International supports this legal challenge. The organization considers that it is high time to let justice take its course in this case. Nobody is above the law.
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Don't hold your breath for British 'justice'. I doubt if any justice will come of this while Tony is about and can still protect Ian.
There should be full and public scrutiny of the full circumstances leading up to the shooting, including:
- the terms of the rules of engagement;
- the policy permitting officers to “shoot to kill”, i.e. to shoot in the head, suspects believed to be suicide bombers, reportedly codenamed Operation Kratos;
- the planning of the operation which resulted in the fatal shooting of Jean Charles de Menezes;
- how the police officers involved were briefed and what orders they were given;
- whether a senior officer was contacted before any action was taken;
- whether a sufficient warning was given; and
- whether the action taken by the officers was fully in compliance with human rights law and standards concerning the use of force in the context of law enforcement -- specifically, whether the force used was no more than absolutely necessary and a proportionate response in the circumstances.
The
McCann and Others v United Kingdom case referred in the statement was considered by the
European Court of Human Rights and ruled a breach of Article 2 (enshrining the right to life) of the
European Convention on Human Rights (ECHR). It was the
murder/execution by the SAS of three unarmed IRA members in
Gibraltar.
Quote:
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The CPS is responsible for prosecuting criminal cases investigated by either the police or the Independent Police Complaints Commission in England and Wales. 2For more information, see United Kingdom: The Killing of Jean Charles de Menezes, issued by Amnesty International on 6 September 2006 (AI Index: EUR 45/015/2006); see also www.justice4jean.com; and INQUEST - United Campaigns For Justice.
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for full statement