ECtHR, XX v. the United Kingdom, No. 5878/08, 2016
- 2016
- United Kingdom
Topics
Public securityLegal bases
European Convention on Human RightsCourts
European Court of Human Rights (ECtHR)Laws
Right to lifeFacts
The applicant is a Brazilian national residing in the UK. Her cousin, a Brazilian national, was shot dead in 2005 in London Underground Station after he was mistakenly identified as a suicide bomber. Two terrorists suspects were living at the same address as the applicant’s cousin and the latter was followed by police officers, on the day of the incident, who thought he might be one of the suspects. Following several unsuccessful attempts before national courts, the applicant lodged an application to the ECtHR alleging a violation of the State’s duty under Article 2 of the Convention to ensure accountability and punishment of State agents or bodies for the fatal shooting of her cousin. According to the applicant, this duty had not been fulfilled by the prosecution of the police authority for a health and safety offence. She complained about the decision not to prosecute any individuals for her cousin’s death.
Legal grounds
Article 2 of the ECHR
Findings
Having regard to the proceedings as a whole, the Court found that the UK authorities had not failed in their obligations to conduct an effective investigation as mentioned under Article 2. The Court considered that all aspects of the authorities’ responsibility for the fatal shooting had been thoroughly investigated. The decision not to prosecute any individual officer was not due to any failings in the investigation or the State’s tolerance of or collusion in unlawful acts, but it was rather due to the fact that, following a thorough investigation, a prosecutor had considered all the facts of the case and concluded that there was insufficient evidence against any individual officer to prosecute. Therefore, the Court held that there had been no violation of Article 2.