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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.

2 outlets · 1L · 0C · 1R First reported Account updated
Image: The Guardian
Image: Arab News

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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. 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. 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.

Right · 1A rule 9 request is a formal written request from a statutory public inquiry for a witness statement or documents. 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. 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.

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". 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. 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.

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. Mixed · 2Open hearings continue through October and November.

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”
For example
“SAS personnel refuse to testify at Afghanistan war crimes inquiry” — Arab News
“had refused to cooperate.” — Arab News

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