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Jean Charles de Menezes Inquest

Updates from the Jean Charles de Menezes Family Campaign

Impressions of the first week of the inquest

Friday, 26 September 2008

Having waited so long for the inquest I don’t think any of us knew what to expect from this week. As last Monday got closer, our nerves got worse. What would happen? What would it look like? How will it be conducted? Would we get justice?

Well, we don’t know about the last point but overall the first week has been extremely positive and an overwhelming sense of relief. For Jean’s family the enormity of their struggle for accountability and justice over the last 3+ years really seemed to have hit home this summer as the inquest got closer. We were all counting down the months, weeks, days. To finally have our day in court seemed like such a far away dream... and so with an incredible sense of pride we all sat together on Thursday and watched Mike Mansfield doing a fantastic job cross-examining Macdowell. All the things that have run through the family’s minds over the last few years, the constant discussions we would all have over how on earth what happened, could finally be played out in court. And it felt fantastic!

The support we have been given from members of the public this week continues to humble us and we cannot thank people enough for coming down, handing out flyers, buying t-shirts, sending emails of support etc. A special big thanks must go to the wonderful people who made the banner and hung it out of their flat window just outside the Oval on the first day. Ordinary members of the community going to such an effort over this case is incredibly heartening. A million thank yous.

Of course the inquest is not without its problems – number one being the ridiculous security arrangements and I have a feeling we will come back to this in the coming weeks. You can walk into any court in the land, especially any inquest but at this one its all lists, photo’s being taken, special entrances, special passes, number tickets and private security guards strolling the corridors. Completely over the top. Completely ridiculous. The main court itself is hardly accessible; the family are very far away from their own legal representatives – let alone the witnesses. And it’s hard for member of the public or the press to see what is going on by sitting in the actual court as they are stuck at the back. Little surprise that the press have all debunked to the annexe!

But we’ll save these complaints for the future as this week is all about the opening. We do not know what the inquest will bring in terms of outcomes but the very process is just as important for the family as finally, it feels we are getting somewhere. And we all have this excited feeling that really, we are only just warming up...

Yasmin Khan
Justice4Jean Campaign

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"De Menezes – the Left’s new excuse to beat up the police" - a response to Nick Cohen

Thursday, 25 September 2008

The following is a response to the journalist Nick Cohen's article in yesterday's Evening Standard.

A response to Nick Cohen

I’m sure there was a time when the journalist Nick Cohen understood that to describe oneself as broadly part of ‘the Left’, or even a liberal, requires at least some understanding of the unequal relationship between the power of the state and its people. The history of the modern state – from the framing of America’s constitution to the development of international human rights law – has been founded on limiting the repressive power of governments over their citizens. But faced with a theocratic rejection of universal human rights by proponents of a radical form of Islam, itself a dismissal of the Enlightenment ideals that first challenged absolute power, Cohen has worked himself into such a fury that he chooses to reject them too.

Cohen’s argument are so thread-bare and confused, but so prevalent amongst those who denigrate the search for justice for Jean Charles de Menezes, that it’s worth refuting them point by point.

He says that “when the police kill an innocent man in a dictatorship, no one dares protest”, which may come as a surprise to those who protested against the death of Steve Biko in apartheid South Africa, but in general it’s true: dictatorships have a tendency to “shoot first and ask questions later”, often justifying their actions on the basis of national security and condemning and persecuting citizens who protest as ‘terrorist sympathisers’. Presumably Cohen believes that Brazil is not a dictatorship, for he acknowledges that in cities like Rio, “there are protests aplenty about police violence but they have scant effect on men who are little more than murderers in uniform.” But the subtext of his argument is clear enough: because the Rio police kill three people every day, we shouldn’t make such a fuss about the killing of one man in London.

Exactly how many people need to die at the hands of the police in a liberal democracy before it becomes ‘a national scandal’ is less clear. Perhaps there’s a mathematical formula or some graphs that Cohen knows about and we don’t. Or perhaps (and here Cohen’s logic becomes even more confused) every death is a disgrace, for “we don't always realise it but we are lucky to live in a country that takes breaches of its rules so seriously.”

What Cohen fails to acknowledge is that the level of anger about the killing of an innocent individual by the state has particular national characteristics and a death becomes a scandal precisely because of its impact on others. In the UK, routine arming o the police is generally resisted by the public – even the police themselves oppose it. It’s not true, however, that deaths in police custody are exceptionally rare, for in truth, whilst deceitfully playing the numbers-game in comparing Britain with Brazil may encourage Cohen to feel lucky, we don’t live in a country that takes breaches of its rules as seriously as it should. Since 1993, there have been 674 recorded deaths in police custody. Forty six people have been shot dead by police since 1990. There have been fifteen inquest verdicts of ‘unlawful killing’ by police officers – and no convictions by the courts.

Most bereaved families would argue that these deaths (never mind the many deaths in other countries) have been largely ignored. It's the idea that, suddenly, anyone who has brown skin or looks like a Muslim or happens to be in the wrong place at the wrong time, is at an increased risk of being gunned down by those charged with protecting the public, and that this might actually be acceptable at a time when people already face the terrifying threat of morbidly zealous fanatics with rucksack bombs, that is precisely the reason why Jean Charles de Menezes’ death has particularly horrified so many when other deaths have not.

Cohen prefers to see other motives, but the example he chooses in order to make a sweeping generalisation about the “partisans in the vicious arguments over London's policing” is frankly bizarre. His anecdote about a radio producer, asking for a comment that the Met is as much a threat to the lives of Londoners as radical Islam, says more about the nature of Cohen’s own profession and its eagerness to sensationalise and simplify, traits that Cohen is himself a master of and that are described in forensic detail in fellow Guardian journalist Nick Davies’ book Flat Earth News. Nevertheless, with all the obsession of a conspiracy theorist, Cohen sees this as evidence, where no evidence exists, that thousands have a “psychological need to deny the horrors of the world” for daring to protest (something no-one in a dictatorship has the courage to do, but clearly no-one anywhere, in Cohen's view, should ever consider).

Finally, Cohen then psychologically projects his own prejudices onto “the very people who are shouting loudest about the death of poor Mr de Menezes” by suggesting that we would be the first to denounce the police if a terrorist detonated a bomb on the London Underground. Somehow, I imagine that no-one would be issuing louder denunciations than Nick Cohen himself in such circumstances. The rest of us would probably recognise that fault for a bombing would lie squarely with the bombers, that sometimes it is impossible to stop those who are really determined to murder, but that questions about the quality of police intelligence, how it is acted upon and what steps were taken to stop a suspect from entering a Tube station are legitimate tests of the accountability of public servants – just as they are in the case of the death of Jean Charles de Menezes.

Benjamin Franklin, one of America’s Founding Fathers, a scientist and a giant of the Enlightenment that theocracy stands opposed to, said that “those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety.” I wonder what he would have made of someone who says, “I don't want to defend the Met's mistakes but it is blindingly obvious that when the police think they are confronting suicide bombers they will shoot first and ask questions later.”

Franklin also advised that that we should ”use no hurtful deceit; think innocently and justly, and, if you speak, speak accordingly." More in hope than expectation, I'd suggest that at some point soon, Nick Cohen would do well to follow this wisest of counsel.

Kevin Blowe
Justice4Jean Campaign Supporter

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FAMILY GIVE EVIDENCE AT INQUEST

Wednesday, 24 September 2008

Alex Periera gave evidence this morning at the inquest. More information will be available soon on Alex's statement and Patricia and Vivian's statements will be read to the court after lunch.

**Apologies to those who wanted to come down to hear his evidence at the inquest - we only found out mid morning that it was likely that he would be giving evidence so soon**

Vivian's statement can be downloaded from here [PDF, 61K]

Patricia's statement can be downloaded from here [PDF, 59K]

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Info for members of the public wanting to attending the inquest

Tuesday, 23 September 2008

A very small number of seats are available in the main court - but we highly recommend trying to get spaces here as opposed to the annexe. Comments we received from people who were in the annexe confirmed our fears that it isn't an effective space for the public to meaningfully be able to follow what is going on in court.

However, the court is only giving out passes for the main court in the morning from 9am at the Hobbs gate. Even if people with a pass for the main court leave - their spaces are not allocated to anyone else which meant yesterday afternoon, members of the public were stuck in the annexe when their was plenty of room in the main court room. In due course, the family campaign will be making representations about this to the officials dealing with the court admin.

So - what we recommend is coming down early and trying to get one of those passes on key evidence days.

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Photos from the first day

Monday, 22 September 2008




The Menezes family's statement read by Patricia da Silva Armani is available here [BBC website]. See below for the day's news coverage from ITN, CNN, Sky News and Channel 4 News.







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Commissioner's Intranet Broadcast on Stockwell Inquest

Friday, 19 September 2008


Thanks to the anonymous source who sent the following to us:

Good day to you wherever you are in the Met. On this occasion I am talking to you about the inquest into the death of Jean Charles de Menezes. You all know there are lots of other things going on, some difficult, some very successful but I wanted to get this particular message to you before the inquest starts on Monday 22nd September. After that, very little can be said before its conclusion in late November or early December.

There can be little doubt that this inquest will be the most testing tribunal the Met has faced since the Macpherson Inquiry. Something in the region of 65 serving or former officers have been called to give evidence. There will be intense media coverage.

As far as the organisation as a whole is concerned, I have asked Counsel to represent the Met's position as being this: -

• Jean Charles de Menezes was an entirely innocent man and the Metropolitan Police takes full responsibility for his death.

• Although it happened in the middle of perhaps the most testing operational challenge the Service has faced since the Second World War, this death has robbed a family of their son. We have to account for that and an inquest is the place to do so.

• Last year, the Met decided to plead not guilty at the Health and Safety trial because, on the contrary, we fundamentally believed that Health and Safety legislation was the wrong legal process for holding us to account. I am pleased to be able to say that the fact of that trial has led to lengthy discussions with the Health and Safety Executive and work continues to prepare national guidance which better balance police operational responsibilities with health and safety considerations.

• Our approach will be one of humility. On 22nd July 2005, we confidently believed that our systems of command, of surveillance and of firearms intervention were among the best in the world. However, they failed in response to a previously unforeseen circumstance, suicide bombers on the run.

• During the last two and a half years, many people in the Met have worked tirelessly to make improvements to many of our processes. For instance, many of you may be aware that we have upgraded our control room which deals with fast moving life threatening incidents and that we are creating a unified surveillance command. There are too many enhancements to list now but Her Majesty's Inspectorate of Constabulary has praised our response and our willingness to learn and to improve.

• We will be making these changes known to the Coroner but, of course, they are unlikely to feature in the evidence given before the inquest itself, which must be concerned only with the events that led up to Jean Charles' death.

• No one set out that day with any intent to let a young man die. The officers involved will be giving evidence of doing what they did with good intention. They have my support and should have yours.

Nevertheless, this will be a difficult couple of months and we must brace ourselves for criticism.

I am certain that the amount of work we have done in the aftermath of the tragedy and the professionalism of the colleagues giving evidence will take us through the turbulence that lies ahead and it is to be hoped that one of the legacies of Jean Charles is a Metropolitan Police Service even better equipped to deal with tragedy and danger.

Finally, I am acutely conscious of the fact that the inquest will come on top of some serious challenges around race, within and outside the organisation. I am immensely proud that, despite the past few weeks, you continue to deliver a first-class service to all Londoners. You should stay proud too.

Thank you very much.

Ian Blair
Commissioner

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PRESS RELEASE: ‘All We Want Is The Truth’ - Menezes Inquest Opens Monday


On 22nd July 2005, Jean Charles de Menezes, an innocent member of the public, was killed by Metropolitan police officers in a grotesque and very public fashion. No one has been held accountable for his death.

On Monday, as the inquest into his death opens, Jean’s family will finally get the opportunity to examine key evidence about how he was killed in a public court and for the first time.

The inquest into the death of Jean Charles de Menezes begins on Monday at 10.30am at Surrey County Cricket Club, The Brit Oval, Kennington, London, SE11 5SS.

The killing of Jean Charles has attracted unprecedented public disquiet and exposed a catalogue of failings by the Metropolitan police. It is likely that the inquest into his death will court more controversy, as new evidence is certain to be exposed which will shed further light on the operation that led to Jean's death.

The inquest proceedings have already attracted criticism over the blanket anonymity awarded to almost 50 police officers. The inquest’s compliance with the state’s obligations for investigating deaths in custody under Article 2 of the Human Rights Act has also been called into question over the public’s ability to participate in proceedings and the efforts by the police to keep documents about the Operation Kratos secret.

The key issue for the Menezes family however remains simple, a need to know the truth about how and why their loved one was killed, and for justice to be done.

A spokesperson for the Jean Charles de Menezes Family Campaign said:

“Over the last three years the family have felt humbled by the massive support they have received from ordinary members of the public. It is clear that the killing of Jean Charles struck a note with ordinary people across the country who simply cannot understand how the police can kill an innocent man, lie about it and then get away scot-free. We hope that the inquest will bring the family and the public closer to the truth about how and why Jean Charles was killed, and crucially, if he was killed lawfully”


Jean Charles cousins in the UK will be attending the inquest and arriving at the venue at 9.30am on Monday.

The family will make a short statement at the end of the first day of the inquest, outside of the Oval venue.

A detailed briefing on the inquest, the key issues that will be explored and the family’s expectations can be downloaded from www.justice4jean.org.

ENDS.

Notes to Editors:

1. Jean Charles de Menezes brother and mother will be arriving from Brazil on 3rd October. They will be attending the inquest for a month from this date. More information about their visit will be issued closer to the time.

2. For further information please contact justice4jean@gmail.com or call 07931337890 or 07944069956

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BRIEFING: No Nearer To The Truth

Wednesday, 10 September 2008
The Jean Charles de Menezes Family Campaign's briefing, "No Nearer To The Truth", is now available (PDF, 165K)

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ACTION: Please contact the national press as the inquest approaches

Monday, 1 September 2008

The Justice4Jean campaign is urging supporters to write to the national press close to the start of the inquest, highlighting concerns about the lack of justice for Jean's family over the last three years.

Some useful facts
  • We know that the IPCC “Stockwell 1” investigation raised grave concerns about the effectiveness of the police response on 22 July 2005, not only the risk of an entirely innocent member of the public being killed “but also whether the police response would stop a terrorist who was intent on causing harm.”
  • We know that the Old Bailey jury at the trial into breaches of the Health and Safety Act found that Scotland Yard commanders had made a string of errors that culminated in an unwarranted risk to the public and ultimately to Jean’s death.
  • We know that despite this catalogue of failures, neither the Independent Police Complaints Commission nor the Crown Prosecution Service has held any police officer to account through prosecution for involuntary manslaughter or other criminal charge or through any disciplinary action.
  • We know that instead, the senior officer in charge of the operation, Cressida Dick, was promoted to Deputy Assistant Commissioner by the Metropolitan Police Authority and that Andy Hayman, who was accused by the IPCC of deliberately misleading the public over the shooting, was awarded a CBE in 2006. We know that although investigations were ongoing into Jean’s death, the officers who shot him were back on duty, because one shot and killed another member of the public during an alleged attempted robbery in Kent in November 2006.
  • We know that Sir Ian Blair, the Metropolitan Police Commissioner, initially tried to prevent the Independent Police Complaints Commission from carrying out its statutory duty to investigate Jean’s death. We know that the IPCC failed to stop him from succeeding for three crucial days. We know that in the immediate aftermath of Jean’s death, Blair vigorously defended the actions of his officers and also warned, “somebody else could be shot. ... But everything is done to make it right.”
  • We know that the IPCC called for a “wide and well-informed public debate” about the Metropolitan police’s shoot-to-kill policy – and that such a public debate has never taken place. The details of Operation Kratos, the codename for policies for dealing with suspected terrorists and suicide bombers, including the use of lethal force, remain secret "for operational reasons".
Writing to Newspapers' Letters Pages

Editors receive a large number of letters every day, so yours needs to stand out. As a rule, a good letter is short and punchy, making just one point in as original a way as possible. Also, don't be afraid to be outspoken - you're putting across your opinion, not writing a balanced article.

Virtually all newspapers insist on that you include your full name and address, though they won't publish them, and all will accept letters by e-mail. However, always paste the text of your letter into the body of an e-mail: don't send it as an attachment. (Editors vary on their attitudes to attachments, but they all accept letters in the body of an e-mail.)

Sunday editions of many newspapers are largely independent from the normal daily editions, with different contact addresses, different editors and (substantially) a different readership.

E-mail Contacts

The Guardian
letters@guardian.co.uk

The Observer
letters@observer.co.uk

The Independent
letters@independent.co.uk

The Independent on Sunday
sundayletters@independent.co.uk

The Times
letters@the-times.co.uk

The Sunday Times
letters@sunday-times.co.uk

Daily Mirror
mailbox@mirror.co.uk

Sunday Mirror
letters@sundaymirror.co.uk

The Daily Telegraph
dtletters@telegraph.co.uk

Sunday Telegraph
stletters@telegraph.co.uk

The Daily Mail
letters@dailymail.co.uk

Mail on Sunday
letters@mailonsunday.co.uk

The Daily Express
expressletters@express.co.uk

The Daily Star
news@dailystar.co.uk

The Evening Standard
letters@standard.co.uk

The Sun
letters@the-sun.co.uk

News of the World
letters@notw.co.uk

The Financial Times
letters.editor@ft.com

The Scotsman
letters_TS@scotsman.com
lettersSOS@scotsman.com (on Sunday)

Sunday Herald
letters@sundayherald.com

The Belfast Telegraph
editor@belfasttelegraph.co.uk

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