Charles de Menezes was shot dead at Stockwell underground station (London) on 22nd July 2005, soon after he had been mistakenly identified as a suicide bomber just 2 weeks after the 7 July London bombings in which 52 people died.
The court's judgment was the culmination of a seven-year legal battle in a case first lodged with the Strasbourg court in 2008 by de Menezes’s cousin, Patricia Armani Da Silva, who was living with him in London at the time of his death.
Realistic prospect of conviction:
The E Ct HR noted (para 228) that in the period 1990-2014 there had been 55 deaths caused by Police shootings in England and Wales but no criminal convictions even where an inquest jury had returned an unlawful killing verdict. From 1993 to 2005 there had been 30 fatalities but only 2 prosecutions of Police Officers. Did this point to the "realistic prospect of conviction" test being too strict? The court noted (para 217 that:
The statistics undoubtedly give rise for concern. However, the court (at para 276) concluded - " ... the Court does not consider that the threshold evidential test applied in England and Wales constituted an “institutional deficiency” or failing in the prosecutorial system which precluded those responsible for the death of Mr de Menezes being held accountable."
The E Ct HR considered the law on self-defence and at 251 said:
The JUDGMENT of the COURT (via Bailii)
and for an excellent summary see Doughty Street Chambers - Grand Chamber judgment in Jean Charles de Menezes case
Justicegap - Oliver Carter - Jean Charles de Menezes:one more chance for justice denied