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Litigation Letter

Failure to prosecute

Armani Da Silva v United Kingdom (App. No. 5878/08) [2016] ECHR 5878/08, [2016] All ER (D) 26 (Apr); NLJ 22 April

The European Court of Human Rights dismissed the applicant’s complaint that the decision not to prosecute any individuals in respect of the shooting of Jean Charles de Menezes by police officers following terror attacks and attempts in London was in breach of the procedural aspect of Art 2 of the European Convention on Human Rights. It could not be said that the UK authorities had failed to discharge the procedural obligation, under Art 2, to conduct an effective investigation into the shooting.

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