News

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.

The Inquiry has published its Deliberate Detention Operations Investigative Strategy. The strategy details the Inquiry’s investigative approach to the contemporaneous documentation and Operational Staff Work generated during the planning and conduct of these. Phase One involved the gathering of information about every relevant DDO within the Inquiry time frame. Phase Two involved the selection of a number of DDOs for further, detail analysis. The Strategy sets out the factors and considerations given to select the DDOs for Phase Two and approximately 20% of the total number of DDOs were selected for closer examination.

 As part of Phase Three-A, a further smaller number of DDOs have been selected and further material has been requested from the Ministry of Defence such as; Full Motion Video imagery, detainee material (such as interview transcripts and witness statements) and Operational Learning Account Reviews. Phase 3B DDOs will be selected following receipt and review of the Phase 3A DDO evidence. During this phase, witness statements will be requested from key personnel.

 The graduated investigative approach and selection of sample DDOs for inclusion in Phase 2, Phase 3A and Phase 3B is for analytical and illustrative purposes. It should not be taken as indicative or determinative of any conclusions as to the number of DDOs in respect of which there is, or is not, credible information of unlawful activity.

The Inquiry has published a news update for Spring 2024.

Today the Chair of the Inquiry, Lord Justice Sir Charles Haddon-Cave issued his Directions regarding the Section 21(4) Application made by Rt Hon. Johnny Mercer.

The Independent Inquiry relating to Afghanistan has received an application to set aside the s.21 notice from Mr Mercer.  The application will be put before the Chair of the Inquiry, The Rt. Hon Lord Justice Haddon-Cave for his consideration, and his decision will be given in due course.

STATEMENT BY THE INQUIRY 

The Inquiry is committed to ensuring the information provided to us in confidence is protected.  We have robust and sophisticated procedures in place to protect all information, including protecting the identity of individuals and potential witnesses. 

The Inquiry is already protecting the identity and confidentiality of a significant number of individuals who have come forward with information. 

Mr. Mercer has been given assurances to the above effect on a number of occasions, including when he gave evidence in OPEN on 20 and 21 February 2024. 

On 13 March 2024, the Chair issued the attached Section 21 Notice to Mr Mercer. Attention is drawn to paragraphs a and b which make it clear, that all information and sources will be fully protected by the Inquiry: 

a. Disclosure of the response will not be made to any person who is not a member of the Inquiry Legal Team without the consent of Mr. Mercer.  

b. No action will be taken that would lead a person to identify Mr. Mercer as the source of information in relation to an identifiable individual that he has named in the response without the consent of Mr. Mercer.  

Annex A to the Section 21 Notice is redacted for reasons of confidentiality.