SAS personnel ‘refusing to answer’ questions about alleged extrajudicial killings in Afghanistan

Judge leading inquiry says most operators using privilege against self-incrimination to refuse to provide information

Most SAS personnel approached by an inquiry into alleged extrajudicial killings in Afghanistan have refused to answer any questions, the judge leading the proceedings has said.

Lord Justice Haddon-Cave is investigating allegations of more than 50 summary killings by UK special forces soldiers as well as claims of an alleged cover-up of illegal activity and inadequate investigations by the Royal Military Police.

In a public hearing, Haddon-Cave said a number of rule 9 requests – written notices asking for information – had been sent to SAS operators who were linked to the deliberate detention operations (DDOs) at the centre of allegations.

“The inquiry has identified numerous SAS personnel from whom it wishes to hear direct evidence as to the DDOs in question and has issued rule 9 requests for information to each of them,” he said.

“A high proportion have indicated their intention to rely on their privilege against self-incrimination and have refused to answer any questions asked by the inquiry.”

Ministers announced the statutory judge-led inquiry after allegations that 54 Afghans were killed in suspicious circumstances by one SAS unit in Helmand province between 2010 and 2011, and accusations that these amounted to war crimes.

A high court case brought by the law firm Leigh Day on behalf of one man, Saifullah, alleged that his father, two brothers and a cousin were killed during an SAS raid on a compound in southern Afghanistan in February 2011.

The inquiry is tasked with determining whether investigations conducted by the Royal Military Police were carried out properly and effectively, and whether there is credible information that “numerous” extrajudicial killings were carried out by British armed forces between 2010 and 2013. The judge said the three-year period “sufficiently captures the allegations currently being made”.

The inquiry will also seek to determine whether the circumstances of the alleged killings were covered up at any stage and what lessons could be learned.

During Monday’s hearing, Haddon-Cave revealed the inquiry had obtained about 10,000 high-resolution photos, taken in the course of the DDOs, which do not appear to have formed part of Royal Military Police inquiries.

He said the inquiry was seeking evidence from Afghan families whose loved ones died during the detention operations, adding that the inquiry had heard “extensive” witness evidence regarding concerns and complaints raised by both UK special forces personnel and other individuals about the manner in which the SAS were conducting detention operations in Afghanistan during the period in question.

Last week, during a high court hearing, the Ministry of Defence identified material that suggested UK special forces personnel deployed on some operations being considered by the inquiry may have committed serious offences under the Armed Forces Act 2006.

The open hearings will continue throughout October and November.

Separately, ministers announced a package of amendments to the Northern Ireland Troubles bill, intended to raise the bar before former soldiers can be prosecuted in cases dating back to the Troubles between 1969 and 1998, in an attempt to meet concerns raised by veterans groups.

In future, prosecutions will have to be approved by the attorney general, and any evidence has to be “new and compelling” as well as essential to the case before veterans are called to court. Legislation would also emphasise there is no equivalence between soldiers and terrorists.