The Ministry of Defence has admitted to a “regrettable failure” after 97 million files were discovered more than three years into the public inquiry investigating allegations of unlawful killings by members of Britain’s Special Air Service in Afghanistan.
The massive volume of newly-found material emerged as the Independent Inquiry relating to Afghanistan examines allegations that members of UK Special Forces carried out extrajudicial killings during night raids between 2010 and 2013.
The inquiry has yet to make any findings.
At a hearing on Friday, Lord Justice Haddon-Cave, the inquiry’s chair, described the discovery as “troubling” and “extraordinary news”.
He said he had taken the “exceptional step” of convening the hearing because of both the disclosure and the “somewhat casual way” in which the MoD had informed the inquiry.
Steven Gray KC, representing the Ministry of Defence, apologised on behalf of the department, saying it had “fell short”. He told the inquiry that the “failure was one of communication, not application”, and said officials were working to search material held across multiple IT systems and security classifications at “huge expense”.
The MoD says that, among the 97 million files, it has already identified thousands of documents that could be relevant to the inquiry. These include images apparently taken during a number of Special Forces operations now under investigation.
The inquiry itself has told the BBC that it had yet to receive any of the newly identified material.
Lawyers representing bereaved Afghan families criticised the late disclosure. Edward Craven KC said the discovery was “staggering” and argued that it represented another example of the MoD frustrating the process of justice.
The inquiry is examining allegations surrounding so-called Deliberate Detention Operations, night-time raids intended to capture Taliban commanders and bombmakers and gather intelligence. Following raids, SAS personnel and support staff photographed people who had been killed and collected phones and other electronic devices.
Forensic experts are now examining photographs from these operations to determine whether the physical and ballistic evidence is consistent with accounts provided by SAS personnel.
The inquiry has heard evidence from senior military personnel who said they believed members of the SAS had carried out extrajudicial killings of Afghan civilians.
The inquiry has also heard concerns about the secrecy surrounding SAS operations and allegations that previous investigations were terminated prematurely.
The latest disclosure adds another complication to an inquiry already facing questions over its duration and cost.
As Action on Armed Violence noted earlier this month, Ministry of Defence figures given to the BBC show that the Afghanistan inquiry has already cost the public purse £58 million. Around half of this is understood to have been spent by the MoD and wider government responding to the inquiry, including the cost of lawyers representing former SAS officers and senior military figures.
The inquiry was established in 2022 by then Defence Secretary Ben Wallace following the publication of the BBC’s investigation. It initially indicated that an interim or final report would be produced within 12 to 18 months.
Lord Justice Haddon-Cave has now set a deadline of 30 April 2027 for the completion of evidence. He said it was essential that “any material of real relevance is quickly identified and disclosed” and has indicated that another hearing will be held next month to examine the MoD’s progress.
The MoD said it remained fully committed to supporting the inquiry and acknowledged that it had been “not as prompt or consistent as it should have been” in disclosing material.
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