The Chair of the Independent Inquiry relating to Afghanistan has today (Monday 21 August) issued his ruling on applications for restriction orders and special advocates – August 2023 Ruling.
Following submissions from Core Participants and the Media, Lord Justice (Sir Charles) Haddon-Cave has ruled there are strong national security reasons to grant restrictions over the publication or disclosure of sensitive evidence and material relating to UK Special Forces and their operations in Afghanistan, and relating to on-going investigations, and investigatory techniques, of the Royal Military Police. He will consider applications for specific restrictions on a case-by-case basis in due course as the Inquiry progresses.
Explaining his decision, Sir Charles said:
“The Inquiry has been tasked with considering grave allegations: that numerous unlawful killings were carried out by members of the Special Forces in Afghanistan; that these killings were covered up; and that the subsequent investigations by the Royal Military Police were inadequate.
I intend to hear as much evidence as I can in public, however, as the Terms of Reference acknowledge, it will be necessary to have CLOSED hearings to ensure the protection of sensitive material and the security of witnesses. This ruling explains how I will approach this as the Inquiry progresses. The Inquiry legal team and I will vigorously pursue all relevant lines of inquiry and carefully interrogate all the evidence, in OPEN or CLOSED as appropriate, and I will publish an OPEN report in due course which will include the material which can be made public.”
The Chair’s ruling also contains two protocols: a Publication Protocol which sets out the procedures which the Inquiry intends to adopt regarding publication of documents by the Inquiry, and a Restriction Order and Hearing Protocol which sets out the process which the Inquiry will follow in respect of applications for Restriction Orders made under section 19 of the 2005 Inquiries Act. These should be read together with the Protocol for Disclosure of Information.