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.
Rulings
Ruling on N1141’s Section 21(4) application to revoke S.21 Notice dated 27 March 2025 (RE: Privilege against self-incrimination).
The Inquiry has 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:
- “The direction to explain reliance upon the privilege is unreasonable, as set out in the s.21 Notice.”
- “The prospect of future criminal proceedings is obvious.”
- “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.