[JURIST] The European Court of Human Rights (ECHR) [official website] ruled [judgment] Wednesday that the officers responsible for the killing of Charles de Menezes should not be prosecuted. De Menezes was mistakenly thought to be connected to the 7/7 London bombings [BBC backgrounder] in 2005. The judges, through a vote of 13-4, held that the UK did not violate Article 2 of the European Convention of Human Rights [materials], which protects “[e]veryone’s right to life … [except] when it results from the use of force which is no more than absolutely necessary.” The court held that the Crown Prosecution Service (CPS) [official website] was correct in its determination that the officers should not be prosecuted because, “following a thorough investigation, a prosecutor considered all the facts of the case and concluded that there was insufficient evidence against any individual officer to meet the threshold evidential test in respect of any criminal offense.” In particular, CPS had properly examined whether the officer honestly believed force was necessary for self-defense and prosecuting the officers would therefore not likely create a “realistic prospect of conviction” and would not promote the public interest. The government’s argument withstood attacks claiming this broad definition of self-defense was incompatible with Article 2.

De Menezes was shot [JURIST report] by two Met police officers in 2005 who thought he was involved in the London bombings, in which four suicide bombers killed 52 people. The CPS found that the Met had violated [JURIST report] health and public safety laws during the shooting. CPS concluded that there was not enough evidence to bring charges [JURIST report] against the officers, but former commissioner Sir Ian Blair [official profile] tendered his resignation [JURIST report] following the de Menezes incident.