A-soldier-is-pictured-returning-from-a-patrol-around-the-village-of-Zarghun-Kalay,-Afghanistan-in-May-2009
Military police investigations are now under scrutiny during three weeks of public hearings in October and November (Picture: MOD)
Afghanistan

Alleged SAS executions and claims of a cover-up – the Afghanistan inquiry explained

A-soldier-is-pictured-returning-from-a-patrol-around-the-village-of-Zarghun-Kalay,-Afghanistan-in-May-2009
Military police investigations are now under scrutiny during three weeks of public hearings in October and November (Picture: MOD)

An independent public inquiry is examining allegations that members of British Special Forces (SAS) executed Afghan men and children during detention raids, that unlawful conduct was concealed and that military police failed to investigate properly.

The Independent Inquiry relating to Afghanistan covers operations between mid-2010 and mid-2013. 

Its remit extends from the conduct of troops on the ground to the response of commanders and the MOD.

Established in December 2022 and chaired by Lord Justice Sir Charles Haddon-Cave, it is now holding public hearings examining the Royal Military Police investigations known as Operations Northmoor and Cestro.

How the inquiry began

In July 2022, a BBC Panorama investigation reported 54 suspicious killings involving one SAS unit during a six-month deployment in 2010 and 2011. 

The MOD criticised the programme's "unjustified conclusions". 

The Government's decision to establish an inquiry was also informed by two judicial review cases, known as Saifullah and Noorzai. 

The claimants argued that allegations of unlawful activity had not been properly investigated. 

Announcing the inquiry in December 2022, defence minister Andrew Murrison said the MOD accepted that Operation Northmoor should have started earlier, while maintaining that there had been insufficient evidence for prosecutions. 

Lord Justice Haddon-Cave, who previously led the Nimrod Review following the loss of an RAF aircraft in Afghanistan, was appointed to chair the investigation

Chair of the Afghanistan Inquiry Sir Charles Haddon-Cave
Chair of the Afghanistan Inquiry Lord Justice Sir Charles Haddon-Cave (Picture: PA)

Why the military police investigations are under scrutiny

Operation Northmoor began in March 2014 and went on to examine 675 allegations concerning UK military operations in Afghanistan, including detainee abuse and unlawful killings.

It closed in July 2019 without referrals for prosecution.

Operation Cestro investigated the killing of a 12-year-old boy and three teenagers, aged 14, 16 and 18, during a British Special Forces night raid in Loy Bagh, Helmand, on 18 October 2012.

Their families said they were unarmed and drinking tea when they were shot.

The soldier identified as having shot the four was referred to service prosecutors suspected of murder. 

Two other soldiers were referred over their alleged conduct following the raid and during the investigation, including an allegation of obstructing justice. 

In March 2015, the Service Prosecuting Authority decided there was insufficient evidence to bring charges against any of the three.

The public inquiry is examining whether those investigations adequately investigated a possible wider pattern of unlawful killings and any cover-up.

Former Kent Police chief constable Alan Pughsley was commissioned to review the investigations. 

His preliminary report criticised Northmoor's leadership, resources, record-keeping and missed opportunities to secure evidence.

He described its closure as "inappropriate and premature", noting that investigators were still interviewing Afghan witnesses when the decision was taken.

His assessment of Cestro was more favourable, he considered it a sound investigation, while identifying shortcomings in its structure and access to independent advice.

He will review his conclusions after evidence from Northmoor personnel, before the chair considers his final report alongside the wider evidence.

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Evidence, anonymity and closed hearings

The inquiry holds public and closed hearings to protect national security, sensitive operational information and witnesses.

Many witnesses have been granted anonymity. Their names are replaced with identifying codes, and some evidence heard privately is subsequently released in redacted documents or published summaries. 

Lord Justice Haddon-Cave said in October that a high proportion of SAS personnel approached for evidence had refused to answer questions, citing their privilege against self-incrimination.

That protection allows witnesses to refuse answers that could incriminate them. 

Forensic specialists are also examining about 10,000 photographs taken during the raids which, according to the chair, do not appear to have formed part of the RMP investigations.

Separately, the MOD disclosed the discovery of 97 million archived records which had not previously been reviewed when responding to the inquiry's evidence requests. 

Lord Justice Haddon-Cave warned that the late discovery could delay its work.

What the inquiry can establish

The inquiry could lead to further criminal investigations into the alleged killings and any cover-up. It can establish facts and recommend further action, but any prosecution would be separate.

Military investigators have already been alerted to possible serious offences. Lord Justice Haddon-Cave said the MOD had identified material suggesting special forces personnel may have committed offences during some of the operations being examined.

UK Special Forces Headquarters referred that material to the Defence Serious Crime Command. 

The judge said the service police were understood to have put any criminal investigation into it on hold until the inquiry concludes.

Lord Justice Haddon-Cave plans to hear from bereaved Afghan families in public early in 2027. He has set a deadline of 30 April that year to complete the evidence on the alleged unlawful killings.

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