The inquiry will investigate allegations of “extremely serious” illegal activity by British armed forces in Afghanistan between mid-2010 and mid-2013.
A senior judge has requested evidence from anyone, including the Taliban, regarding allegations of illegal activity by British armed forces in Afghanistan.
The chairman of an independent investigation, Sir Charles Haddon-Cave, stated that his team will “do everything in our power to facilitate the receipt and hearing of evidence.”
The inquiry will investigate allegations that British armed forces engaged in illegal activity during deliberate detention operations (DDO) in Afghanistan between mid-2010 and mid-2013.
It originates from two DDOs that took place in February 2011 and October 2012. During which members of the Saifullah and Noorzai families were murdered.
Both families have demanded an exhaustive investigation into the murders for years.
When asked what would occur if the Taliban wished to submit evidence to the investigation. Sir Charles responded that he would listen to anyone with evidence.
In 2019 and 2020, the two families initiated judicial review proceedings against the Ministry of Defence (MoD) for failing to investigate the circumstances surrounding the fatalities of their relatives.
During High Court proceedings in the Saifullah case, the MoD disclosed documents containing communications between British army officers that, according to the MoD, demonstrated widespread knowledge and concern regarding the murders. Just hours after the murders, a British officer described the four fatalities as the “latest massacre!”
In another document, a newly-qualified officer stated, “During these operations, it was stated that all males of fighting age, regardless of their threat, were killed on target.”
A member of the special forces stated, “I find it depressing that it has come to this… Ultimately, a monumental leadership failure.
We will fall with Wikileaks if we don’t accept this.
The families argued that the Ministry of Defense documents demonstrate that significant and sustained concerns were raised internally, including at the highest levels of the Special Forces headquarters in the United Kingdom, but were not reported to the service police.
Lord Justice Haddon-Cave stated, “The allegations that the investigation must examine. And I emphasize that they are only allegations at this point – are exceedingly serious.
“First, numerous unlawful murders were committed during this period by members of the British armed forces.
“Second, these unlawful homicides were concealed to prevent the truth from ever being revealed”.
Thirdly, the protracted investigations conducted by the Royal Military Police were insufficient.
“It is imperative that those who have broken the law be referred to the appropriate authorities for investigation. And those who have done nothing wrong should have the suspicion lifted from them.”
This is crucial for the reputation of the military and the nation as a whole.
Ben Wallace, the Secretary of Defense, commissioned the independent statutory investigation.
A further case management hearing is scheduled for April 25 in London, where a more detailed schedule will be established.
