Police accused of 'getting off with Brazilian's murder' as 11 officers escape punishment

The officers who mistook the Brazilian for a suicide bomber and shot him will not be disciplined, the Independent Police Complaints Commission (IPCC) said.

But the threat of a disciplinary tribunal still hangs over four senior officers, including Commander Cressida Dick, who authorised the shoot-to-kill policy.

The IPCC said that one surveillance officer will be given "management advice" over action he took after the shooting at Stockwell Tube station.

Patricia da Silva Armani, Mr de Menezes' cousin who lived with him at the time of his death, said her family was bitterly disappointed.

She said: "It is disgraceful the IPCC can make such a decision - they are letting the police get away with murder.

"First officials killed my cousin, then they lied about it and now the officers are walking away without any punishment.

"It is a travesty of justice and another slap in the face for our family. The police officers' lives go on as normal while we exist in turmoil, fighting to get the answers and justice we deserve."

Mr de Menezes, an electrician, was shot seven times in the head after being mistaken for a suicide bomber at Stockwell tube station on 22 July, 2005.

His death came in the aftermath of the 7 July London bombings in which 52 people were killed and hundreds injured in the worst terrorist atrocity in British history.

The Metropolitan Police faces prosecution under health and safety laws for organisational failings connected to the shooting. The IPCC said no decision about the fate of the four senior officers would be made until after the trial, scheduled for October.

But the Justice4Jean Campaign, set up by Mr de Menezes' family and friends, said yesterday's decision could prejudice the health and safety trial. The decision "says police officers can act above the law, free to take human life without facing a full legal investigation".

The de Menezes family said that they were "gravely disappointed" that the officers have been exonerated. Their legal team said it was "highly unusual" for the disciplinary decision to be made prior to the conclusion of criminal proceedings.

A spokeswoman said the family believe criminal charges for manslaughter through gross negligence could still be brought against the four senior officers.

She said: "We can see no advantage in making this early announcement, other than to provide relief to the officers facing potential disciplinary charges.

"While the officers are spared that ongoing anxiety, the family are given no relief to their own agony, grief and anxiety caused by their lack of access to all the evidence surrounding the shooting of their loved one.

"We hope that all the officers about whom evidence of wrongdoing that led to this wrongful death [emerges] are ultimately rendered fully accountable."

Nick Hardwick, the chairman of the IPCC, said Mr de Menezes was "entirely innocent" and could not have done anything to escape.

He said the grief of Mr de Menezes' family was "entirely understandable", but there was no realistic prospect of the 11 officers being disciplined.

A Metropolitan Police spokesman said the force was sorry for the death of Mr de Menezes.

He added: "We welcome this move forward and are pleased for these officers and their families, who have faced much uncertainty."

The results of a second IPCC investigation - codenamed Stockwell 2 - which looked into complaints about comments made by Sir Ian Blair, the Metropolitan Police Commissioner, and colleagues following the shooting, will be made public later this year.

Shami Chakrabarti, director of human rights group Liberty, condemned the delay in deciding whether the senior officers should be punished.

She said: "The public is still none the wiser as to the adequacy of police guidance on lethal force.

"The de Menezes tragedy happened nearly two years ago. Have the public, police or victim's family been well-served by such an inordinate delay at the IPCC?"