News

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

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.