View source for Jean Charles De Menezes

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[[Image:Menezes.jpg|200px|right|thumb|Jean Charles De Menezes]]

'''Jean Charles De Menezes''' (born 1978) was a Brazilian man who was shot and killed by armed officers at Stockwell Tube station on 22 July 2005 after being mistaken as one of the four [[21/7]] suicide bombers. 

He was shot 7 times in the head and once in the shoulder at point-blank range. Nobody has ever been held responsible for his death.<ref name="j4j"> [http://www.justice4jean.org/ The Jean Charles de Menezes Family Campaign], accessed 06.09.10</ref>  

The death and reporting of the tragedy of Menezes' shooting, argued his lawyers, was wrapped in a shroud of misinformation.<ref>Harriet Wistrich and Gareth Peirce, [http://www.justice4jean.org/material/17_08_05.doc Press Statement 2: Response to the evidence made public during the last 24 hours as to the true circumstances of the death of Jean Charles de Menezes], 17 August 2005, accessed 06.09.10</ref> 

His death was the first under the [[Operation Kratos]] strategy that was devised after the attacks of 9/11 and permitted "shoot-to-kill". After Menezes' death, the strategy was criticised but the [[Association of Chief Police Officers]] ruled in March 2006 it was fit for purpose and would therefore not be altered or amended. [[ACPO]] president, Sir [[Chris Fox]] in response to the ruling said he was "pleased" that the [[Operation Kratos]] strategy had been deemed "fit for purpose". <ref>[http://news.bbc.co.uk/1/hi/england/london/4784688.stm Police defend shooting strategy], ''BBC News'', 8 March 2006, accessed 07.09.10</ref>

==Defence of Shooting== 

Sir [[Ian Blair]], Commissioner of the [[Metropolitan Police Service|Metropolitan Police]], defended the shooting of Menezes by stating that if the police did not shoot him, they may have faced the risk of “certain death.”<ref name="Daily Mail"> Gordon Rayner, ‘The shot Brazilian was here with a fake visa’, ''The Daily Mail'', 29 July 2005, accessed via LexisNexis on 06.09.10</ref> 

Ian Blair wrote to the Home Office permanent Secretary Sir [[John Gieve]] one day after Menezes was killed and stated that he sought to “maximise the legal protection for officers” who were exercising [[Operation Kratos|shoot-to-kill]] powers. He said the environment that faced officers meant they could not "risk the kind of containment and negotiation tactics” that would be normally expected of them. The only choice an officer may have may be to shoot-to-kill in order to prevent the detonation of a device."<ref name="Blair letter">[http://cms.met.police.uk/news/policy_organisational_news_and_general_information/commissioner/commissioner_s_letter_to_the_home_office Commissioner's letter to The Home Office], ''Metropolitan Police Service, 30 September 2005, accessed 06.09.10</ref> He also stated that while officers had protection under Section 3 of the Criminal Law Act (reasonable use of force in the specific circumstance) he did “not seek" to "exempt" them from the investigation or prosecution if evidence against them existed. Nevertheless, he stated that he was “confident” that the prosecuting authorities would understand “the pressures under which the ([[CO19|CO19 Unit]]) operates in terrorist scenarios”.<ref name="Blair letter"/>

In response to the letter, Giovani da Silva - a lawyer acting for the De Menezes family stated that "these letters have shown Ian Blair has lied once again, not only to the family but to the public. Ian Blair has jumped the barrier of the law".<ref>Rosa Prince, ‘Cover up? Letter reveals Met chief’s bid to block probe into tube shooting’, ''The Daily Mirror'', 1 October 2005, accessed via LexisNexis on 06.09.10</ref>

==Attempts to Prevent IPCC Inquiry==

Sir [[Ian Blair]], the Commissioner of the [[Metropolitan Police Service]] refused to reveal the tactics that were employed in the shooting of Menezes to the Independent Police Complaints Commission (IPCC) and tried to block an independent investigation being launched by the IPCC. He stated that even though: <blockquote style="background-color:ivory;border:1pt solid Darkgoldenrod;padding:1%;font-size:10pt"> "... there is much concern about revealing … the tactics [of the police] and [the information they are operating upon], I believe that, in a fast-moving, multi-site terrorist situation, in which suicide bombers are clearly a very strong possibility, a chief officer of police should be able to suspend S.17 of the Police Reform Act 2002, which requires us to supply all information that the Independent Police Complaints Commission may require … I have therefore given instructions that the shooting … is not to be referred to the IPCC and that they will be given no access to the scene at the present time.  The investigation will be carried out by the Met's own Directorate of Professional Standards. This investigation will be rigorous but subordinate to the needs of the counter-terrorism operation." <ref name="Blair letter"/></blockquote>  

==Menezes Restrained When Shot== 

According to secret documents that were leaked, when Menezes was shot he had already been overpowered by a surveillance officer who had followed him from his flat in Brixton.<ref name="Guardian 1"> Rosie Cowan, Duncan Campbell & Vikram Dodd, [http://www.guardian.co.uk/uk/2005/aug/17/july7.menezes ‘New claims emerge over Menezes death’],''The Guardian'', 17 August 2005, accessed 06.09.10</ref> In other words, Menezes was shot 8 times even though he had been restrained by a police officer.

According to the surveillance officers account that restrained him: <blockquote style="background-color:ivory;border:1pt solid Darkgoldenrod;padding:1%;font-size:10pt">"I heard shouting which included the word 'police' and turned to face the [Menezes] in the denim jacket … [Menezes] immediately stood up and advanced towards me and the [armed officers] ... I grabbed [Menezes] in the denim jacket by wrapping both my arms around his torso, pinning his arms to his side. I then pushed him back on to the seat where he had been previously sitting ... I then heard a gunshot very close to my left ear and was dragged away on to the floor of the carriage."<ref name="Guardian 1"/></blockquote>

===Failure of Police to Identify Menezes===

It was reported that Menezes had not been properly identified by police officers because the police officer that was responsible for monitoring the door to the apartment block in which Menezes (and the suspected 21/7 bombers lived) was “relieving himself at the very moment that Menezes was leaving” the block of Flats. These claims were reinforced by another surveillance officer's witness statement that was given to the IPCC.<ref name="Guardian 1"/>[[Image:Jean Charles De Menezes dead body.jpg|250px|right|thumb|Jean Charles De Menezes dead body lies on the train at Stockwell tube station, clearly displaying his clothing]]

==Police Misinformation==
===Running & Jumping Barrier===

After the shooting of Menezes, reports were given that Menezes had increased suspicion of himself because he had jumped the ticket barrier and fled from police.<ref name="Mirror">Alexandra Williams and Tom Pettifor, ‘War on Britain: Gun cops kill man on tube … but he had no bomb’, ''The Daily Mirror'', 23 July 2005, accessed via LexisNexis on 07.09.10</ref><ref name="Express">Mark Reynolds and Alison Little, 'Policeman pumped 5 bullets into head and body of terrorist', ''The Express'', 23 July 2005, accessed via LexisNexis on 07.09.10</ref> Christopher Wells, a 29-year-old witness stated: <blockquote style="background-color:ivory;border:1pt solid Darkgoldenrod;padding:1%;font-size:10pt"> "I saw this man running into the station ... The man vaulted over the barriers and the police chasing him jumped the barriers as well. They were screaming at everyone to get out. The man was running very fast". <ref name="Express"/></blockquote>

Sir [[Ian Blair]] told a press conference: 
<blockquote style="background-color:ivory;border:1pt solid Darkgoldenrod;padding:1%;font-size:10pt">
"… as I understand the situation [Menezes] was challenged and refused to obey police instructions." <ref name="BBC initial report">[http://news.bbc.co.uk/1/hi/uk/4706787.stm Man shot dead by police on Tube], ''BBC News'', 22 July 2005, accessed 07.09.10</ref></blockquote> 

Scotland Yard stated: 
<blockquote style="background-color:ivory;border:1pt solid Darkgoldenrod;padding:1%;font-size:10pt">
"the police warned [Menezes], [but he ran] on to the station platform". <ref name="BBC initial report"/></blockquote> 

The Police stated: 
<blockquote style="background-color:ivory;border:1pt solid Darkgoldenrod;padding:1%;font-size:10pt">
Menezes ran into Stockwell station when he was challenged and was shot after dashing on to an underground train. <ref>Ian Cobain, Rosie Cowan and Richard Norton-Taylor, [http://www.guardian.co.uk/uk/2005/jul/23/july7.uksecurity8 Faces of the suspects], ''The Guardian'', 23 July 2005, accessed 07.09.10</ref></blockquote> 

A ''senior security source'' said: 
<blockquote style="background-color:ivory;border:1pt solid Darkgoldenrod;padding:1%;font-size:10pt">
"... This is a tragedy but it does not mean the police acted wrongly ... [they] repeated[ly] shouted ... to get him to stop [but] he dashed on to a tube." <ref name="Mirror"/></blockquote> 

Sir [[Ian Blair]] stated: 
<blockquote style="background-color:ivory;border:1pt solid Darkgoldenrod;padding:1%;font-size:10pt">
A warning was shouted at Menezes to stop. <ref> John Steele, ‘Elite squad enters unchartered territory’, ''The Daily Telegraph'', 23 July 2005, accessed via LexisNexis on 07.09.10</ref></blockquote>

According to The Times: 
<blockquote style="background-color:ivory;border:1pt solid Darkgoldenrod;padding:1%;font-size:10pt">
"When [police] drew their weapons and shouted ''"Stop, armed police"'' ... [Menezes] looked over his shoulder and bolted". <ref>Adam Fresco, Rajeev Syal and Steve Bird, ‘Suspect shot dead ‘had no bomb’, ''The Times'', 23 July 2005, accessed via LexisNexis on 07.09.10</ref></blockquote>

In a phone call to [[Nick Hardwick]], the Chair of the [[IPCC]] immediately after the shooting, Sir Ian Blair stated: 
<blockquote style="background-color:ivory;border:1pt solid Darkgoldenrod;padding:1%;font-size:10pt">
"we’ve now shot somebody, I think dead, who refused to respond to anything that we were asking him to do". <ref name="Stockwell 2"/></blockquote>

Evidence given to the [[IPCC]] inquiry by police officers and eyewitness, along with leaked documents given to ITV news proved that these initial accounts were baseless. CCTV footage showed Menezes calmly entering Stockwell tube station, collecting a free newspaper and boarding a tube train.<ref name="Guardian 1"/> '''All''' claims that Menezes ran-away from police and that he vaulted the ticket barrier toward the train were all false. The [[IPCC]] ruled: 
<blockquote style="background-color:ivory;border:1pt solid Darkgoldenrod;padding:1%;font-size:10pt">
"Mr de Menezes did not refuse to obey a challenge prior to being shot"<ref name="Stockwell 2"/></blockquote>

===Menezes Clothing===

It was initially reported by [[Scotland Yard]] that "Menezes clothing and behaviour added to their suspicions".<ref name="BBC initial report"/> It was alleged that Menezes was wearing a padded jacket on a warm day, which was for the purpose of concealing a bomb. 

There was also the claim by Anthony Larkin, a passenger on the train where Menezes was shot, that Menezes was “wearing a bomb belt with wires coming out".<ref name="BBC initial report"/> 

An eyewitness told the press that Menezes was wearing "a baseball cap ... and quite a thickish coat. It was a coat like you would wear in winter, a sort of padded jacket. But it looked out of place in the weather we've been having."<ref>Eyewitness Accounts: The chase, the shooting and the sense of shock, ''The Guardian'', 23 July 2005, aceesed via LexisNexis on 07.09.10</ref> According to other onlookers, Menezes was "wearing a heavy winter coat in warm weather"<ref name="Mirror"/>

It eventually emerged that accounts of him wearing a padded jacket and wearning a belt with wires coming out were false. Menezes was in reality wearing light blue denim jeans and a light blue denim jacket, <ref>Mark Honigsbau, [http://www.guardian.co.uk/uk/2005/jul/28/politics.july7 ‘Brazilian did not wear bulky jacket’], ''The Guardian'', 28 July 2005, accessed 06.09.10</ref> which the [[IPCC]] stated "was not ... clothing that could be classed as suspicious".<ref name="Stockwell 2">[http://www.ipcc.gov.uk/ipcc_stockwell_2.pdf Stockwell Two: An investigation into complaints about the Metropolitan Police Service’s handling of public statements following the shooting of Jean Charles de Menezes on 22 July 2005], ''Independent Police Complaints Commission'', July 2007, accessed 07.09.10</ref>

The IPCC stated that the accounts that were given by witnesses were "incorrect" and ruled that the witnesses "had ''probably'' confused police officers with Mr de Menezes".<ref name="Stockwell 2"/>

==Resources==
* [http://www.justice4jean.org/ Justice for Jean campaign website]
* [http://www.ipcc.gov.uk/ipcc_stockwell_2.pdf Stockwell Two - An investigation into complaints about the Metropolitan Police Service’s handling of public statements following the shooting of Jean Charles de Menezes on 22 July 2005],''Independent Police Complaints Commission''
* [http://cms.met.police.uk/news/policy_organisational_news_and_general_information/commissioner/commissioner_s_letter_to_the_home_office Letter from Sir Ian Blair to Home Office Permanent Secretary Sir John Gieve relating to the shooting of Jean Charles de Menezes], ''Metropolitan Police Service''

==Notes==
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