News

The Chair of the Independent Inquiry relating to Afghanistan, the Rt Hon Lord Justice Haddon-Cave has today published a call for information directly to the Afghan families who are affected by the Inquiry’s work.

The video, which has been translated into Dari and Pashto in written and audio form, is available to view on the Inquiry’s YouTube account.

In the video, the Chair explains the work of the Inquiry and invites anyone who feels they have any relevant information concerning the Inquiry’s work, to get in touch.

The Inquiry has published four OPEN summaries of evidence from witnesses (N1466, N1803,
N2444 and N5461) who were heard in CLOSED hearings during the Concerns and Complaints
Part Two phase of the Inquiry.

The Concerns and Complaints Part Two CLOSED phase of work focused on eight individuals
who held key posts within UK Special Forces during the period of mid-2010 to mid-2013. The
evidence they gave related to concerns that were raised about the tactics, techniques and
procedures used by UK Special Forces to conduct deliberate detention operations in
Afghanistan. The remaining evidence summaries will be published in 2026.
The Inquiry also heard evidence regarding allegations of extra judicial killings which were
raised by the Afghan Partner Unit and a Third-Party Entity. These witnesses provided a written statement to the Inquiry following a Rule 9 request (under the Inquiry Rules 2006) and gave evidence in CLOSED hearings during the summer of 2024.

The Inquiry has published redacted written statements, redacted documents (such as email
correspondence) and a summary of the CLOSED hearing transcripts. The summaries of the
CLOSED hearing transcripts have been redacted in order to protect the identity of the
witnesses and for reasons of National Security.

The Chair of the Independent Inquiry relating to Afghanistan, Lord Justice Haddon-Cave, has shared a 2025 progress update. A video summary is available on the Inquiry’s YouTube channel Inquiry Update – October 2025 – YouTube

Highlights include:

• Rejection of MOD’s request to delay publication and impose blanket redactions.
• Upcoming release of CLOSED hearing evidence on Special Forces operations and alleged Extra Judicial Killings.
• Potentially important information disclosure pauses Deliberate Detention Operations hearings.
• Multi-disciplinary forensic expert review of documents and imagery underway.
• Forensic examination of the alleged wiping of IT server ‘ITS1’ linked to Operation Northmoor.
• Ongoing legal challenge to Green Hearings ruling – procedural judgment has been published.  Next hearing likely in the New Year.

The Inquiry has today published a Ruling made by the Chair of the Inquiry, Lord Justice Haddon-Cave, in relation to the Ministry of Defence Corporate Team (“MODCT”)’s application to restrict publication of the Alan Pughsley Report; an Executive Summary, Addendum Report, and various supporting documents (“the Pughsley Material”).

A full summary can be found here, the full Ruling can be found here.

The Inquiry has published the Chair’s Ruling on the approach to ‘Green’ Hearing Restriction Orders.

In June 2024, the Inquiry published Counsel to the Inquiry (CTI)’s original Note setting out a proposal as to how the Inquiry could receive oral evidence from certain confidential witnesses. CTI proposed holding Restricted Closed Hearings which protects their identity and strictly limits disclosure of the hearing bundle and attendance at any hearing.

In May 2025, the Chair received a further CTI Note with regard to specific confidential witnesses whom it was proposed to call in strictly controlled conditions now known as the ‘Green’ Hearings.

During these ‘Green’ Hearings, the Inquiry anticipates receiving oral evidence relating to allegations of misconduct by UK Special Forces in Afghanistan, including in particular, “…evidence regarding an occasion during a Deliberate Detention Operation (“DDO”) when an individual was shot in the head whilst they slept”.

In response to the CTI Note, the Inquiry received detailed submissions from Core Participants and the Media. The Chair’s analysis of these submissions and his decision as to the applicable general principles and approach to ‘Green’ Hearings is set out in his OPEN Ruling on Approach to ‘Green’ Hearing Restriction Orders.

The Inquiry also received an Application for ‘Green’ Hearing Restriction Orders.

The Inquiry has published the Chair’s OPEN Ruling on Application for a ‘Green’ Hearing Restriction Orders.

The Ruling protects the witnesses’ identities and strictly restricts disclosure of evidence and attendance at the ‘Green’ hearings. In making this ruling, the Chair has applied the principles and approach set out in the OPEN Ruling on Approach to Green Hearing Restriction Orders’ of 21 June 2025.

In December 2023, the Inquiry heard evidence in OPEN regarding allegations that an IT server used by UK Special Forces had been forensically wiped as part of a cover-up to obstruct the ongoing Royal Military Police investigation, Operation Northmoor. For the purposes of the Inquiry, the IT Server is referred to by the cypher ‘ITS1’

At the hearing, Leading Counsel to the Inquiry, Oliver Glasgow KC and Jonathan Polnay KC, examined witnesses from UKSF, the RMP and independent IT contractors regarding events that took place between October 2015 and February 2017; and witness statements from UKSF and British Army Officers were read into the record by Junior Counsel, Miss Rosheen Iyer.

The Inquiry heard evidence that, in October 2015, the RMP decided as part of its Operation Northmoor investigations that it was necessary to forensically examine ITS1 located at the higher Headquarters of UKSF. Attempts were made by the RMP to gain access to the server, but the RMP were told by USKF that this would cause difficulties due to the possible impact on ongoing operations. The RMP decided not to use their powers to seize the server, but instead chose to enter into lengthy negotiations with UKSF. During the course of negotiations, the RMP were informed that the data on ITS1 was due to be migrated to a new platform as part of a ‘life extension programme’. The RMP sought assurance in October 2016 that the data on ITS1 would not be modified or deleted, this assurance was given by UKSF headquarters.

In December 2016, the RMP attended the UKSF headquarters to begin the process of retrieving the data only to be informed that despite the previous assurance, ITS1 had been forensically wiped. It transpired that a programme known as ‘S-delete’ had been run on ITS1 as part of a system migration process, which resulted in already deleted data being permanently deleted.

In March 2023, the Inquiry had issued a Rule 9 to the Ministry of Defence requesting the location and accessibility of any back-ups of ITS1. The whereabouts of possible back-up drives were not disclosed to the Inquiry at this stage.

However, in the course of the OPEN hearings in December 2023, the Inquiry received information as to the whereabouts of back-up drives of ITS1. The Inquiry, with the independent support of the Defence Serious Crime Command, seized drives containing terabytes of ITS1 data from UKSF locations.

A phased, methodical and highly sophisticated approach has been taken by the Inquiry team to explore technical options and allow a forensic examination of the relevant data:

Phase 1 – The creation of a forensically secure master copy and a working copy of a back-up drive to preserve the integrity of the material.

Phase 2 – Identification of appropriate IT systems, a secure location and suitably qualified and vetted personnel to examine the material.

Phase 3 – The analytical examination and review of material that is relevant to the Inquiry’s Terms of Reference.

Following meticulous and ground-breaking technical work to complete Phases 1 and 2, the Inquiry has now begun work on Phase 3.

The Inquiry has today published a Ruling made by the Chair of the Inquiry, Lord Justice Haddon-Cave, in relation to witness N1141.

The identity of N1141 is subject to a Restriction Order (para 124 and 125) which prevents the press and the public from publishing the names, or any information which might lead, to a ciphered witness’s identification. As set out in the Restriction Order, the High Court and the Court of Session have the power to imprison or fine anyone found in breach of a Restriction Order.

The Ruling sets out the Chair’s final determination in response to the Ministry of Defence Witness Legal Team (MODWLT) submissions to set aside the Chair’s Section 21(2)(a) Notice dated 27 March 2025.

In summary, following a request for evidence under Rule 9(1) of the Inquiry Rules 2006, the Inquiry received correspondence from MODWLT that their client, N1141, “will be relying on his privilege against self-incrimination and will therefore not be providing a witness statement”.

As a result, the Inquiry issued a Section 21 Notice under the Inquires Act 2005 requiring N1141 to respond to the Rule 9(1) or, to explain the basis of their reliance on the privilege against self-incrimination.

The MODWLT provided submissions on behalf of N1141, under section 21(4), seeking to revoke the s.21 Notice on the grounds that it was “unreasonable” for the Chair to compel N1141 to comply with the s.21 Notice for three reasons:

1. “The direction to explain reliance upon the privilege is unreasonable, as set out in the s.21 Notice.”
2. “The prospect of future criminal proceedings is obvious.”
3. “Protecting N1141’s future right to a fair trial, Article 6 ECHR”.

Further details of the MODWLT submissions can be found within the Chair’s Ruling.

The Chair has carefully reviewed the submissions and has made his final Ruling.

“In summary, the privilege against self-incrimination is a legal privilege to be invoked by a witness in person, under oath, in court, in relation to each question asked – and not somehow by proxy through his lawyers, making generalised submissions on the witness’ behalf.

Notwithstanding any legal advice which he may or may not have received, N1141 is required to attend and give evidence to the Inquiry. Accordingly, the s.21 Notice issued on 27 March 2025 will be replaced by a s.21 Notice mandating their attendance before the Inquiry on the date specified….

…I am satisfied that N1141 has relevant evidence to give, and I look forward to his co-operation with the Inquiry.”

The Chair made further observations on the issue of “Privilege against Self-Incrimination” upon receiving submissions from Core Participants on whether they will, “as a matter of law, draw adverse inferences in relation to evidence of a person who declines to answer questions in reliance on the privilege against self-incrimination.”

The Chair stated that “I have not yet determined that question as a matter of principle. I mention this now so that witnesses can be made aware that the drawing of an inference from a refusal to answer a question in reliance on the privilege against self-incrimination remains a possibility.”

Anyone that has any information they think may be relevant to our investigation should contact the Inquiry as soon as possible. They can do this confidentially and anonymously via the secure methods detailed on our website. Your contribution will be treated with the utmost care and may provide further detail or context to the relevant issues under investigation and raised by the programme. Different perspectives can be highly valuable to assist the Inquiry.

The Inquiry is aware of the BBC Panorama programme that is due to broadcast today.

We continue to pursue all lines of enquiry relating to our Terms of Reference and therefore will not be commenting further on the matter.

Anyone that has any information they think may be relevant to our investigation should contact the Inquiry as soon as possible. They can do this confidentially and anonymously via the secure methods detailed on our website. Your contribution will be treated with the utmost care and may provide further detail or context to the relevant issues under investigation and raised by the programme. Different perspectives can be highly valuable to assist the Inquiry.

The Chair of the Inquiry, Sir Charles Haddon-Cave, received submissions from the BBC and Leigh Day regarding the publication of the expert report of Alan Pughsley QPM.

Deadline for further submissions by Core Participants has been set for Friday 2 May 2025