A significant majority of elite Special Forces soldiers are refusing to cooperate with a major independent inquiry into alleged war crimes committed during night raids in Afghanistan, citing fears of self-incrimination and future criminal prosecution.
Widespread Non-Cooperation from Elite Forces
According to legal sources, 70 per cent of witnesses called from the Special Air Service (SAS) have declined to provide evidence to the judge-led High Court probe. Both serving and former personnel have ignored requests to discuss operations in Afghanistan, which allegedly included extra-judicial killings. These individuals could face jail sentences for failing to comply with the inquiry's demands.
The refusal stems from a profound concern that any testimony they give could be used against them or their colleagues in subsequent criminal investigations. This mass non-cooperation came to light after the Independent Inquiry Relating to Afghanistan released further material from previously secret court sessions.
Allegations of a Cover-Up and a Regiment's Defence
The inquiry has heard serious allegations from senior officers. One key witness, identified as N1466, has accused a Director of Special Forces of covering up war crimes in 2011. N1466, whose identity is known to the Mail, also claims that middle-ranking officers filed false reports to conceal their soldiers' illegal activities. One such officer, responsible for writing operational summaries in 2010-11, is among those who have refused to give evidence.
Another witness, N1141, told the inquiry's chair, Sir Charles Haddon-Cave, that "the prospect of future criminal proceedings is obvious" and that he wished to protect his right to a fair trial.
However, the SAS regiment has launched a robust defence. Retired Lieutenant Colonel Richard Williams criticised the inquiry, stating: "This very selective release of interpretations and judgements made by inexperienced staff officers reads like a one-sided, agenda-driven version of events." He argued that the officers making judgements were far removed from the combat situations and that the lack of testimony from SAS soldiers on the ground created an unfair narrative.
Families Seek Justice as Inquiry Continues
Human rights lawyers representing Afghan families have described the testimony of N1466 as highly significant. Tessa Gregory from Leigh Day stated that the officer was well-placed in Special Forces headquarters to understand the events. She said: "He has made plain he believes war crimes were committed... He states the Director of Special Forces took a conscious decision to suppress, cover up and send a coded message to his men, rather than deal with alleged criminality."
The inquiry is examining allegations that the SAS killed more than 80 Afghans in highly suspicious circumstances in remote compounds in Helmand Province. In one incident cited, in August 2012, an 18-month-old child and a three-year-old were killed during a raid, which SAS sources described as an unavoidable tragedy.
Despite his damning testimony, N1466 admitted he failed to challenge the alleged cover-up at the time because he feared it would harm his career and promotion prospects, an omission he now regrets.
The judge-led inquiry is expected to continue hearing evidence into 2026 and possibly 2027. Its final report could be followed by a criminal investigation led by the Metropolitan Police. The Ministry of Defence has stated: "The government is fully committed to supporting the Independent Inquiry Relating to Afghanistan... We also remain committed to providing the support that our Special Forces deserve, while maintaining the transparency and accountability that the British people rightly expect."
