Most SAS personnel approached refuse to answer Afghanistan inquiry's questions, judge says
Lord Justice Haddon-Cave told a public hearing that a high proportion of SAS personnel sent information requests have invoked their privilege against self-incrimination. The statutory inquiry is examining alleged summary killings in Afghanistan.
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The story, neutrally told
Mixed · 2Lord Justice Haddon-Cave, who leads the statutory inquiry into alleged summary killings in Afghanistan, said at a public hearing on Monday 12 October that SAS personnel approached by the inquiry have largely refused to answer its questions. The GuardianLC “has said most SAS personnel approached have refused to answer any of its questions.” Read at The Guardian ↗ Arab NewsRC “During a public hearing on Monday, Lord Justice Haddon-Cave, leading the inquiry” Read at Arab News ↗ Left · 1He said the inquiry had identified numerous SAS personnel from whom it wished to hear direct evidence about the deliberate detention operations (DDOs) in question and had issued rule 9 requests for information to each of them. The GuardianLC “The inquiry has identified numerous SAS personnel from whom it wishes to hear direct evidence as to the DDOs in question and has issued rule 9 requests for information to each of them,” Read at The Guardian ↗ Mixed · 2"A high proportion have indicated their intention to rely on their privilege against self-incrimination and have refused to answer any questions asked by the inquiry," he said. The GuardianLC “A high proportion have indicated their intention to rely on their privilege against self-incrimination” Read at The Guardian ↗ Arab NewsRC “A high proportion have indicated their intention to rely on their privilege against self-incrimination and have refused to answer any questions asked by the inquiry,” Read at Arab News ↗
Right · 1A rule 9 request is a formal written request from a statutory public inquiry for a witness statement or documents. Arab NewsRC “A Rule 9 request is a formal written request issued by a statutory public inquiry in the UK for a witness statement or the production of documents.” Read at Arab News ↗ Mixed · 2The inquiry was set up after allegations that 54 Afghans were killed in suspicious circumstances by one SAS unit in Helmand province between 2010 and 2011, accusations that these amounted to war crimes, and a High Court case brought by an Afghan, Saifullah, through the law firm Leigh Day. The GuardianLC “Ministers announced the statutory judge-led inquiry after allegations that 54 Afghans were killed in suspicious circumstances by one SAS unit in Helmand province between 2010 and 2011” Read at The Guardian ↗ Arab NewsRC “It followed a High Court case brought by an Afghan identified as “Saifullah,”” Read at Arab News ↗ Left · 1Saifullah alleged that his father, two brothers and a cousin were killed during an SAS raid on a compound in southern Afghanistan in February 2011. The GuardianLC “alleged that his father, two brothers and a cousin were killed during an SAS raid on a compound in southern Afghanistan in February 2011.” Read at The Guardian ↗
Mixed · 2The inquiry is examining allegations of more than 50 summary killings and claims of a cover-up and inadequate investigations by the Royal Military Police, covering 2010 to 2013, a period the judge said "sufficiently captures the allegations currently being made". The GuardianLC “investigating allegations of more than 50 summary killings by UK special forces soldiers as well as claims of an alleged cover-up” Read at The Guardian ↗ Arab NewsRC “It spans a period from 2010 to 2013 which, Haddon-Cave said, “sufficiently captures the allegations currently being made.”” Read at Arab News ↗ Mixed · 2Haddon-Cave said the inquiry had obtained about 10,000 high-resolution photographs taken during the DDOs that do not appear to have formed part of Royal Military Police investigations. The GuardianLC “the inquiry had obtained about 10,000 high-resolution photos, taken in the course of the DDOs, which do not appear to have formed part of Royal Military Police inquiries.” Read at The Guardian ↗ Arab NewsRC “about 10,000 high-resolution images captured by the SAS during deliberate detention operations” Read at Arab News ↗ Mixed · 2He said the inquiry is seeking evidence from Afghan families who lost relatives and has already heard "extensive" witness evidence about concerns and complaints raised by UK special forces personnel and others over how detention operations were conducted. The GuardianLC “the inquiry was seeking evidence from Afghan families who lost loved ones during the detention operations” Read at The Guardian ↗ Arab NewsRC “there had already been “extensive” testimony about the conduct of troops” Read at Arab News ↗
Mixed · 2At a High Court hearing last week, the Ministry of Defence identified material suggesting that UK special forces personnel on some operations under consideration may have committed serious offences under the Armed Forces Act 2006. The GuardianLC “the Ministry of Defence identified material that suggested UK special forces personnel deployed on some operations being considered by the inquiry, may have committed serious offences under the Armed Forces Act 2006.” Read at The Guardian ↗ Arab NewsRC “the Ministry of Defence highlighted evidence that suggested special forces might have broken laws under the Armed Forces Act 2006 in Afghanistan.” Read at Arab News ↗ Mixed · 2Open hearings continue through October and November. The GuardianLC “The open hearings continue and will take place throughout October and November.” Read at The Guardian ↗ Arab NewsRC “The hearings are expected to continue until the end of November.” Read at Arab News ↗
Every sentence links to the reporting it rests on. The pill in front of each says where its sources sit: Left, Centre or Right when one side supplies at least half of them, Mixed when they are evenly split. The number is how many outlets it cites.
Left1 outlet
- Framing
- The Guardian leads on the refusal and puts the judge's remarks in the context of the inquiry's remit, the allegations and the MoD's disclosure of possible serious offences.
- Emphasis
- The scale of refusals, the 54 alleged deaths, the Saifullah case, the photographs, and the inquiry's task of testing the Royal Military Police's investigations and any cover-up.
- Leaves out or plays down
- Does not explain what a rule 9 request is beyond "written notices asking for information".
- Charged language
- “refusing to answer”
- For example
-
“Most SAS personnel ‘refusing to answer’ questions from Afghanistan inquiry” — The Guardian
“Last week, during a high court hearing, the Ministry of Defence identified material that suggested UK special forces personnel” — The Guardian
Centre0 outlets
No centre outlet in our sources has covered this story yet.
Right1 outlet
- Framing
- Arab News presents the story as SAS personnel refusing to testify at a war crimes inquiry, in a shorter report that explains rule 9 requests and sets out the same remarks from the judge.
- Emphasis
- The refusal to cooperate, the "war crimes" label, and the inquiry's search for testimony from Afghans.
- Leaves out or plays down
- Does not name Leigh Day or the February 2011 raid, and does not mention the inquiry's plan to hear from Afghan families beyond seeking testimony from them.
- Charged language
- “war crimes inquiry”“refuse to testify”
What every side reports
- Lord Justice Haddon-Cave said at a public hearing that a high proportion of SAS personnel sent rule 9 requests are relying on the privilege against self-incrimination and refusing to answer questions.
- The inquiry concerns more than 50 alleged summary killings in Helmand between 2010 and 2011, with a 2010–2013 scope.
- The inquiry has obtained about 10,000 high-resolution photographs from the DDOs that military police did not examine.
- The MoD flagged possible Armed Forces Act 2006 offences at a High Court hearing last week.
- Hearings run until the end of November.
Where accounts differ
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Whether the personnel are refusing to "testify" or to "answer questions"
- Left
- The Guardian says they have refused to answer inquiry questions put in rule 9 requests.
- Right
- Arab News headlines it as a refusal to testify, though its text quotes the same "refused to answer any questions" remark.
Lord Justice Haddon-Cave person
Presents the refusals as an obstacle to the inquiry's wish to hear direct evidence, while noting it has already heard extensive witness evidence and obtained about 10,000 photographs.
“A high proportion have indicated their intention to rely on their privilege against self-incrimination” — The Guardian
“there had already been “extensive” testimony” — Arab News
SAS organisation
Many SAS personnel have indicated, according to the judge, that they will rely on their privilege against self-incrimination; the coverage carries no direct statement from the SAS.
“have indicated their intention to rely on their privilege against self-incrimination” — The Guardian
Left1 article
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Most SAS personnel ‘refusing to answer’ questions from Afghanistan inquiry
Neutral Detailed news report leading on the refusals, with background on the allegations, the Saifullah case and the MoD disclosure.

Centre0 articles
No coverage yet.
Right1 article
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SAS personnel refuse to testify at Afghanistan war crimes inquiry
Neutral Concise report framing the refusals as a failure to testify at a war crimes inquiry and explaining the rule 9 procedure.
- 12 Oct 14:27 First The GuardianLC Most SAS personnel ‘refusing to answer’ questions from Afghanistan inquiry
- 12 Oct 20:24 +5h 57m Arab NewsRC SAS personnel refuse to testify at Afghanistan war crimes inquiry
Times are when each article was published, or when we first saw it if the outlet gave no time.
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