SAS personnel refuse to testify at Afghanistan war crimes inquiry

LONDON: A judge said that numerous members of the UK special forces who were asked to contribute to an inquiry into alleged extrajudicial killings in Afghanistan had refused to cooperate.

During a public hearing on Monday, Lord Justice Haddon-Cave, leading the inquiry, said several notices were sent to individuals from the Special Air Service concerning more than 50 cases of alleged summary killings, and allegations that illegal activity had been covered up or not properly pursued by the Royal Military Police.

“The inquiry has identified numerous SAS personnel from whom it wishes to hear direct evidence as to the DDOs (deliberate detention operations) in question, and has issued rule 9 requests for information to each of them,” the judge said. A Rule 9 request is a formal written request issued by a statutory public inquiry in the UK for a witness statement or the production of documents.

“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,” Haddon-Cave added.

The government launched the inquiry after 54 cases involving Afghans killed by SAS personnel in Helmand Province between 2010 and 2011 were flagged as suspicious and possible war crimes. It followed a High Court case brought by an Afghan identified as “Saifullah,” in which he alleged his father, two brothers and a cousin were killed by the SAS.

The investigation was tasked with ascertaining whether allegations of extrajudicial killings were credible, and whether the Royal Military Police properly carried out investigations. It spans a period from 2010 to 2013 which, Haddon-Cave said, “sufficiently captures the allegations currently being made.” It will also seek to establish evidence of a cover-up related to any crimes found to have been committed.

The judge said the inquiry had obtained about 10,000 high-resolution images captured by the SAS during deliberate detention operations that had not been examined by military police during their inquiries.

He added that he would be seeking testimony from Afghans whose relatives died while detained by the SAS, and there had already been “extensive” testimony about the conduct of troops during deliberate detention operations.

During another High Court hearing last week, the Ministry of Defence highlighted evidence that suggested special forces might have broken laws under the Armed Forces Act 2006 in Afghanistan.

The hearings are expected to continue until the end of November.

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