This phase relates to evidence regarding complaints and concerns expressed about the activities of UK Special Forces in Afghanistan during the time period of mid-2010 to mid-2013, and the subsequent years that followed.
The Inquiry held two days of OPEN hearing where the Chair heard evidence from. the Rt Hon Johnny Mercer MP and Mark Nicol.
As part of this phase, the Chair heard evidence from seven UK Special Forces witnesses in CLOSED hearings. 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. A written copy of his statement can be found here.
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:
- 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.
- 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.
- 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.
Transcripts
Tuesday 20 February 2024 Transcript
Wednesday 21 February 2024 – Transcript
YouTube Recordings
Witness Statement, Rt Hon Johnny Mercer MP – 20 February 2024 – Morning recording
Witness Statement, Rt Hon Johnny Mercer MP – 20 February 2024 – Afternoon recording
Witness Statement, Rt Hon Johnny Mercer MP and Mark Nicol – 21 February 2024 – Morning recording
Witness Statement, Mark Nicol – 21 February 2024 – Afternoon recording
YouTube Redacted Recorings
As a result of breaches of the Restriction Order, the live-stream of the proceedings was paused. The recording of the hearings has subsequently been published with the redactions applied.
Witness Statement, Rt Hon Johnny Mercer MP – 20 February 2024 – Afternoon recording
Witness Statement, Rt Hon Johnny Mercer MP – 21 February 2024 – Morning recording
Evidence
Witness Statement – Rt Hon Johnny Mercer MP
Chapter 10, We Were Warriors
Tab 1-MOD-198-0001587 (Page 20 – Page 22)
Tab 3 – MOD-198-0004024 (page 25 – 40)
Tab 8 – MOD-221-0004154 (Page 56 – 57)
Witness Statement – Mark Nicol
Mark Nicol – Exhibit 1
Restriction Orders
Restriction Order – OPEN Complaints and Concerns Hearings
Restriction Order 20 Feb 2024, Mercer 1
Restriction Order 20 Feb 2024, Mercer 2
Restriction Order 20 Feb 2024, Mercer 3
Restriction Order 21 Feb 2024, Mercer 1
Restriction Order 21 Feb 2024, Mercer 2
Restriction Order – CLOSED Complaints and Concerns Hearings
Rulings
Chair’s Final Decision on Restriction Orders regarding ‘Complaints’ Hearings
Section 21 Inquiries Act 2005 – Notice to Johnny Mercer MP
Directions regarding Section 21(4) Application
Amended Directions regarding Section 21(4) Application
CLOSED Evidence as part of Complaints and Concerns Part 1
Gisted Evidence of CLOSED Hearings
Gist of N1785 – Complaints and Concerns Part 1
Gist of N1791 – Complaints and Concerns Part 1
Gist of N1799 – Complaints and Concerns Part 1
Gist of N2107 – Complaints and Concerns Part 1
Gist of N2349 – Complaints and Concerns Part 1
Gist of N5459 – Complaints and Concerns Part 1
Gist of N5460 – Complaints and Concerns Part 1
Witness Statements
N1785 IIA Witness Statement
N1791 IIA Witness Statement
N1799 IIA Witness Statement
N2107 IIA Witness Statement
N2349 IIA Witness Statement
N5459 IIA Witness Statement
N5460 First IIA Witness Statement
N5460 Second IIA Witness Statement
Exhibits
MOD-198-0000765-A
MOD-198-0002879-A
MOD-198-0002877-A
MOD-198-0002853-A
MOD-198-0002851-A
MOD-198-0002768-A
MOD-198-0002064-A
MOD-198-0002043-A
MOD-198-0001599-A
MOD-198-0001596-A
MOD-198-0001594-A
MOD-198-0001587-A
MOD-198-0001586-A
MOD-198-0001582-A
MOD-198-0001577-A
MOD-198-0000869-A
MOD-198-0000853-A
MOD-198-0000618-A
MOD-198-0000333-A
MOD-198-0000330-A
MOD-198-0000325-A
MOD-198-0000324-A
MOD-198-0000323-A
MOD-221-0003588-A
MOD-221-0001825-A
MOD-221-0001793-A
MOD-221-0001776-A
MOD-221-0001417-A
MOD-221-0001366-A
MOD-198-0003569-A
MOD-198-0003568-A
MOD-198-0003562-A
MOD-198-0002881-A
MOD-198-0002880-A