The family of Jean Charles de Menezes took their case to the European Court of Human Rights. Mr de Menezes was mistaken for a terror suspect and shot dead by Metropolitan Police officers at Stockwell tube station. Mr de Menezes’ family challenged a decision not to prosecute any individual for murder. They argued that the assessment used to make this decision was incompatible with Article 2 of the European Convention on Human Rights, which covers the right to life. Hugh Southey QC was instructed by Marcia Willis Stewart at Birnberg Peirce on behalf of the family of Mr de Menezes. Clare Montgomery QC acted for the British Government. Alex Bailin QC acted for the Equality and Human Rights Commission.