Most members of the British Special Air Service (SAS) approached by a statutory inquiry into alleged unlawful killings in Afghanistan have declined to answer questions, citing their right against self-incrimination, the presiding judge said Wednesday.
Lord Justice Haddon-Cave, who is leading the investigation, confirmed that numerous rule 9 requests—official notices compelling information—have been sent to SAS personnel linked to the deliberate detention operations (DDOs) at the heart of the inquiry. These operations relate to allegations that over 50 Afghans were summarily killed during missions in Helmand province between 2010 and 2011.
“The inquiry has identified numerous SAS personnel from whom it wishes to hear direct evidence as to the DDOs in question and has issued rule 9 requests for information to each of them,” Haddon-Cave stated during a public hearing. He added that a significant number of these individuals have indicated their intention to rely on their privilege against self-incrimination, refusing to respond to the inquiry's questions.
The inquiry was launched by government ministers amid accusations that a single SAS unit committed potential war crimes by killing dozens of Afghan civilians under suspicious circumstances. A notable case brought by law firm Leigh Day on behalf of a man named Saifullah alleges that his family members were among those killed during a 2011 SAS raid on a compound in southern Afghanistan.
In addition to examining whether unlawful killings occurred, the inquiry is charged with assessing the effectiveness and integrity of investigations previously conducted by the Royal Military Police (RMP). It seeks to establish whether military probes into these allegations were adequate or if there was a systemic failure. The judge indicated the inquiry’s scope covers claims related to British armed forces actions between 2010 and 2013, a period he said “sufficiently captures the allegations currently being made.”
Lord Justice Haddon-Cave further emphasized that the inquiry aims to clarify whether any cover-up of these operations took place and to draw lessons to prevent future occurrences. The ongoing hearings, which began recently, are scheduled to continue throughout October and November, involving testimony and examination of evidence related to the claims against UK special forces.
