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Afghan unlawful killings inquiry

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Independent Inquiry relating to Afghanistan
Date22 March 2023 (2023-03-22) – (in progress)
LocationLondon, United Kingdom
Also known asAfghan Unlawful Killing inquiry
Participants
Websitewww.iia.independent-inquiry.uk

The Independent Inquiry relating to Afghanistan is a 2023 British public inquiry into extrajudicial killings that took place in Afghanistan between 2010 and 2013, during the War in Afghanistan.[1]

History

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The UK Government's plan to hold the inquiry was initially announced by Defence Secretary Ben Wallace in December 2022.[2] It followed a BBC Panorama investigation that reported that British special forces killed 54 Afghan detainees in suspicious circumstances during their tours of Afghanistan.[3][4]

Charles Haddon-Cave in 2021

The inquiry was launched on 22 March 2023 and is chaired by judge Charles Haddon-Cave.[1]

Inquiry

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The inquiry centres around the activities of British special forces deployed in Afghanistan. The inquiry planned to focus on night-time raids, known as Deliberate Detention Operations, including the 2012 Shesh Aba raid by British armed forces. Terms of reference included investigating the alleged cover-ups of the fatal incidents.[5]

Law firm Leigh Day represents families of the bereaved,[1] Brian Altman represents the Ministry of Defence.[6]

The judge, Charles Haddon-Cave has the authority to compel witnesses to testify.[3]

The Ministry of Defence initially made an application to prevent the British public from hearing criticisms of the special forces, but abandoned that ambition on 3 July 2023.[6]

Minister of State for Veterans' Affairs Johnny Mercer gave oral evidence to the inquiry on 21 February 2024.[7] In April 2024, Mercer was ordered by Haddon-Cave to confidentially provide the names of those who told him about alleged war crimes by British special forces in Afghanistan. It is an offence to fail comply with such an order, which can result in a fine or imprisonment.[8][9] In July 2024, it was reported that Mercer had provided further information and agreed to provide further assistance, and that Haddon-Cave would not be pursuing the order further for the time being.[10]

Potential Afghan witnesses

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Hundreds of former members of the Afghan Territorial Force (ATF) 444 and Commando Force (CF) 333 that were part of the Ministry of Interior Affairs General Command of Police Special Units who were trained by and fought alongside UK Special Forces have been refused resettlement to the UK.[11][12] One former UK Special Forces officer told the BBC that "At a time when certain actions by UK Special Forces are under investigation by a public inquiry, their headquarters also had the power to prevent former Afghan Special Forces colleagues and potential witnesses to these actions from getting safely to the UK."[13]

In May 2025 BBC Panorama revealed that then-Colonel Sir Gwyn Jenkins oversaw the rejection of hundreds of UK resettlement applications from Afghan commandos who served with the SAS. It was reported that a UK Special Forces officer appointed by him stood over civil service caseworkers from the resettlement scheme and instructed them to repeatedly reject the applications on spurious grounds. This was controversial because if the Afghan commandos were in the UK, they could be called as witnesses to the inquiry, but the inquiry has no power to compel testimony from foreign nationals who are overseas.[14] Jenkins was subsequently promoted to General and served as Vice Chief of the Defence Staff from 2022 until 2024, and as First Sea Lord since May 2025.[15][16]

See also

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References

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  1. ^ a b c Hui, Sylvia (22 March 2023). "UK opens inquiry into unlawful killing claims in Afghanistan". Associated Press. Archived from the original on 27 March 2023. Retrieved 27 March 2023.
  2. ^ "UK launches probe into claims its troops killed Afghan civilians". Al Jazeera. Archived from the original on 27 March 2023. Retrieved 27 March 2023.
  3. ^ a b Holden, Michael (22 March 2023). "UK inquiry vows to get to bottom of Afghan extra-judicial killings' allegations". Reuters. Archived from the original on 23 March 2023. Retrieved 27 March 2023.
  4. ^ Hui, Sylvia (12 July 2022). "Report: UK soldiers killed dozens of Afghan detainees". AP NEWS. Archived from the original on 29 September 2022. Retrieved 27 March 2023.
  5. ^ O'Grady, Hannah; Gunter, Joel (22 March 2023). "Afghan unlawful killings inquiry 'critical to restoring reputation of armed forces'". BBC News. Archived from the original on 27 March 2023. Retrieved 27 March 2023.
  6. ^ a b Gunter, Joel; O'Grady, Hannah (5 July 2023). "Special Forces at centre of Afghanistan war crimes inquiry, MoD confirms". BBC News. Retrieved 7 July 2023.
  7. ^ "Minister tells of anger at Ben Wallace over Afghanistan death squad claims". The Guardian. Press Association. 21 February 2024. Retrieved 25 February 2024.
  8. ^ Haddon-Cave, Charles (13 March 2024). "Section 21 Inquiries Act 2005 – Notice to Johnny Mercer MP" (PDF). Retrieved 12 May 2025.
  9. ^ "Johnny Mercer challenging order to hand over names to Afghan inquiry". BBC News. 3 April 2024. Retrieved 12 May 2025.
  10. ^ Sabbagh, Dan; Defence, Dan Sabbagh (25 July 2024). "Former MP Johnny Mercer avoids threat of jail over SAS inquiry – for now". The Guardian. ISSN 0261-3077. Retrieved 12 May 2025.
  11. ^ Drummond, Michael (1 November 2023). "Elite Afghan commandos 'betrayed' by the British and left behind to be hunted down". Sky News.
  12. ^ Bancroft, Holly; Bulman, May; Abed, Fahim; Camacho, Monica C. (1 November 2023). "Murdered, tortured or in hiding from the Taliban: The special forces abandoned by Britain". The Independent. Archived from the original on 1 November 2023.
  13. ^ O'Grady, Hannah; Tinman, Rory; Gunter, Joel; Bulman, May (19 February 2024). "Special forces blocked UK resettlement applications from elite Afghan troops". BBC News.
  14. ^ "Top UK Special Forces general oversaw blocking of Afghan 'war-crime' witnesses to Britain". BBC News. 12 May 2025. Retrieved 12 May 2025.
  15. ^ "General Sir Gwyn Jenkins KCB OBE RM". GOV.UK. Retrieved 12 May 2025.
  16. ^ "General Sir Gwyn Jenkins KCB OBE RM has been appointed as First Sea Lord and Chief of the Naval Staff, and Aide-de-Camp to His Majesty". GOV.UK. Retrieved 18 May 2025.
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