The ECHR said in its ruling that while the frustration of de Menezes' family was "understandable", the decision by the Crown Prosecution Service (CPS) not to bring charges was because "there was insufficient evidence against any individual officer to prosecute".

The ruling comes after a seven-year legal battle fought by the victim's cousin Patricia Armani da Silva to overturn the CPS's 2008 decision not to bring criminal charges against any officers in connection with the case.



Da Silva had argued the UK government had not properly investigated the death nor held the police to account, under article 2 of the European Convention on Human Rights, the right to life.

She said in a statement on Wednesday afternoon that the family was "deeply disappointed" at the ruling.

"We had hoped that the ruling would give a glimmer of hope, not only to us, but to all other families who have been denied the right to justice after deaths at the hands of the police," she said.

"We find it unbelievable that our innocent cousin could be shot seven times in head by the Metropolitan police when he had done nothing wrong and yet the police have not had to account for their actions."

Her legal team had questioned whether the threshold for prosecuting the police – which meant the CPS decided against bringing charges – is too high. The court rejected this and said article 2 didn't require a change in the evidential threshold.

Da Silva has also criticised the UK's definition of self-defence – that the officers only had to show they had an "honest belief" the use of lethal force was necessary. The ECHR noted that UK authorities "carefully examined the reasonableness of their belief".