News

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

The Inquiry has received an OPEN application from the Ministry of Defence following the OPEN expert evidence of Alan Pughsley QPM. The Chair of the Inquiry, Sir Charles Haddon-Cave, has issued directions to the Ministry of Defence.

The Independent Inquiry relating to Afghanistan will hold two days of OPEN public hearings in January 2025.

When: Monday 27  and Tuesday 28 January (proceedings will start promptly at 10:00 each day).

Where: Court 73, Royal Courts of Justice, Strand, London, WC2A 2LL (nearest Tube: Temple).  A small amount of seating is available but will be allocated on a first come, first served basis. Please note that Court 70 will act as a media annex where members of the press and public may watch proceedings on a live stream (subject to a 10-minute delay)

You may also follow proceedings on the Inquiry’s YouTube channel (please note, the feed is subject to a 10-minute delay)

Timetable: Two days of OPEN public hearings with one witness, Mr Alan Pughsley QPM.

Mr Pughsley is an expert witness who has prepared a report for the Inquiry regarding the Royal Military Police investigation known as Operation Northmoor. Once adduced as evidence, the report will be published on the Inquiry website.

As part of the Complaints and Concerns (Part 1) phase of work, the Independent Inquiry relating to Afghanistan has today published gisted evidence from seven UK Special Forces witnesses. These witnesses, who were given ciphers, raised and shared concerns regarding the conduct and activity of UK Special Forces during deliberate detention operations in Afghanistan in 2011.

The Inquiry has published a statement from the Chair of the Inquiry, the gists and exhibits from these hearings as well as a video statement from the Chair, The Rt. Hon Lord Justice Sir Charles Haddon-Cave.

Everyone reading these gisted and redacted materials should, however, pay careful regard to the terms of the Restriction Order that the Chair has made in respect of this set of hearings and this evidence.

It should be noted that:

1. The Chair granted all of the witnesses who gave evidence in this set of hearings anonymity from the public (and including the Afghan Families and their representatives). They should be referred to by a cipher and should not be named.
2. The Chair ordered the restriction of other material from publication or dissemination where it could lead to the identification of any witness or other member of UKSF, or would be damaging to National Security.
3. The Order lasts indefinitely, unless and until revoked or varied by further Order.

The Restriction Order prevents the press and public from publishing the names of the ciphered witnesses, or any other identifying details that are not in the published evidence from the Inquiry. It is also important that there is no speculation about the identities of the individuals in question and for the Press and those on social media to report this evidence responsibly.  As set out in the Restriction Order, the High Court and Court of Session have the power to imprison or fine for any breach of a Restriction Order.

Mr Mercer has provided further information in response to the Section 21 Notice and agreed to assist the Inquiry further.

The Inquiry team will be taking this forward.

For the time being, the Chair will not be taking further action in relation to the Section  21 Notice or making further comment.

Counsel to the Independent Inquiry relating to Afghanistan, has today set out a proposal of how it intends to offer enhanced protection to a number of Inquiry witnesses, some of whom will be giving evidence in Autumn 2024.

Counsel to the Inquiry has submitted recommendations to the Chair to hold several ‘RESTRICTED CLOSED Hearings’ whereby only the Chair of the Inquiry and members of the Inquiry team will be present. Counsel to the Inquiry set out why it is in the public’s interest that these witnesses are given the opportunity to provide their best evidence to the Inquiry.

Explaining the submission, Solicitor to the Inquiry, Piers Doggart said:

“We are dealing with issues that go beyond National Security. These are very grave allegations of war crimes, and it is vital that this Inquiry gets to the truth. The Inquiry has been approached directly by many witnesses who are willing to assist in these matters and it is vital we protect the identity and welfare of those witnesses.

“The Inquiry has already heard a substantial amount of evidence in CLOSED proceedings; however, it has become apparent that there are more people willing to come forward, whose particular roles and evidence may require further measures to protect their anonymity and safety. Counsel to the Inquiry has therefore recommended to the Chair how he may put in place such measures, so that the Inquiry can continue to carry out its important work”.

Following the Prime Minister’s recent announcement, we are now in a pre-election period. The Chair of the Inquiry, the Rt Hon. Lord Justice Haddon-Cave has decided that next Monday’s (3 June) OPEN hearing, when the Inquiry was due to hear evidence from the Rt Hon. Ben Wallace, should be postponed. The Inquiry will reschedule this OPEN hearing in due course.

For the same reason, the Chair has also decided to postpone his final determination relating to the application to set aside the s.21 notice issued to the Rt Hon. Johnny Mercer. The determination will be made and published after 4 July 2024.

The Independent Inquiry relating to Afghanistan will hold a day of open public hearings in June at the Royal Courts of Justice. You can follow the proceedings on our YouTube channel here: Independent Inquiry Relating to Afghanistan.

Date: Monday 3 June 2024, 10:00 start.
Where: Court 73. Please note Court 70 has been reserved as a media annex.
Agenda: Evidence from the former Secretary of State for Defence, The Rt Hon. Ben Wallace MP.

Today the Chair of the Inquiry, Lord Justice Sir Charles Haddon-Cave has issued amended Directions regarding the Section 21(4) Application made by the Rt Hon Johnny Mercer. This follows a request for further time to respond made by Mr Mercer’s representatives, to which the Chair has agreed.