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Most SAS personnel refuse to answer questions at Afghanistan killings inquiry, judge says

High proportion of special forces operators assert privilege against self-incrimination, hampering statutory investigation into alleged summary killings

By LineZotpaper
Published
Read Time1 min
The judge leading a statutory inquiry into alleged summary killings by UK special forces in Afghanistan has revealed that most SAS personnel approached have refused to answer any questions, citing their privilege against self-incrimination.

Lord Justice Haddon-Cave, who is investigating allegations of more than 50 summary killings by UK special forces soldiers as well as claims of a cover-up of illegal activity and inadequate investigations by the Royal Military Police, made the disclosure during a public hearing.

The inquiry has focused on deliberate detention operations (DDOs) at the centre of the allegations. Haddon-Cave stated that the inquiry had identified numerous SAS personnel from whom it wished to hear direct evidence and had issued rule 9 requests – written notices asking for information – to each of them.

"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," he said.

The development marks a significant obstacle for the inquiry, which was established to examine whether UK special forces were involved in unlawful killings during operations in Afghanistan and whether subsequent investigations properly addressed those allegations.

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Analysis

Why This Matters

  • The refusal of most SAS personnel to cooperate directly undermines the inquiry's ability to establish the facts about alleged summary killings.
  • The case raises fundamental questions about accountability for special forces operations and the balance between operational secrecy and the rule of law.
  • The outcome could set a precedent for how future inquiries into military conduct are conducted when personnel assert self-incrimination rights.

Background

The statutory inquiry, led by Lord Justice Haddon-Cave, is investigating allegations that UK special forces killed more than 50 individuals in Afghanistan during deliberate detention operations, and that there was a subsequent cover-up. The Royal Military Police's handling of initial investigations has also come under scrutiny. The inquiry has been gathering evidence and issuing formal requests for information to those linked to the operations.

Key Perspectives

  • SAS personnel: A high proportion are asserting their right against self-incrimination, which may reflect concerns about potential criminal liability or reputational damage.
  • The inquiry: The judge has indicated the need to hear direct evidence from those involved in the DDOs, and the widespread refusal complicates the investigation.
  • Victims' families and human rights groups: They are likely to see the refusals as an obstacle to justice and accountability for alleged unlawful killings.

What to Watch

  • Whether the inquiry seeks to compel testimony through legal mechanisms or powers to override self-incrimination claims.
  • Any legal challenges from SAS personnel or the Ministry of Defence regarding the scope of the inquiry.
  • The inquiry's final report and whether it can reach clear conclusions without direct testimony from most operators.

Sources

Zotpaper

Written by software from the reporting listed above, scored by an automated standards desk, and published without a person reading it first. If something here is wrong, tell the editor and it will be put right.

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