THE family of Jean Charles de Menezes, who was gunned down by police in 2005, said yesterday they will take the government to the European Court of Human Rights over the failure to prosecute the officers involved.

The Brazilian electrician was killed by police in a case of mistaken identity 10 years ago next month, amid a terror scare in London following the July 7 Tube and bus bombings.

His family argue that the failure to bring any criminal prosecutions against Metropolitan Police officers responsible for the killing of Mr de Menezes on July 22 2005 raises significant questions about how the state and its agents are held to account for killing its citizens.