Former veterans minister and ex-officer Johnny Mercer is facing potential imprisonment for refusing to disclose names of soldiers who allegedly informed him about unlawful killings and cover-ups by UK special forces during the Afghanistan War, according to the Afghanistan Inquiry. In a ruling released on Thursday, Judge Haddon-Cave, Chair of the Inquiry, noted that Mercer publicly disclosed that friends told him about allegations of unlawful killings. Despite the pressure, Mercer remains resolute in his decision not to reveal the identities of the officers who confided in him about the alleged murders.
Mercer initially brought these claims forward in February, emphasizing his commitment to protecting the identities of the officers who approached him. In March this year, he was ordered to provide evidence in a public inquiry concerning war crimes allegations in Afghanistan under a Section 21 notice under the Inquiries Act 2005.
In response, Mercer criticized the inquiry’s approach, stating: “I find it extraordinary – given my unprecedented support to assist the Inquiry, including some names of those who have given me consent – that Mr. Haddon-Cave considers it appropriate to repeatedly question my moral courage and integrity in public. These unjustified and unprovoked attempts by a High Court Judge to assassinate my character – without any foundation whatsoever – cross a line.” He concluded by asserting his commitment to keeping his word to the junior personnel who approached him.
Mercer further accused the courts and the inquiry team of misjudging the situation, with severe consequences for serving personnel and veterans. He expressed frustration over learning his fate through the press rather than being informed privately by the inquiry team. The inquiry previously stated that failure to comply with the inquiry was “a criminal offense punishable with imprisonment and/or a fine.” Despite submitting an application in April citing his inability or unreasonableness to comply, Sir Charles had warned that failure to comply with the order without a reasonable excuse would be considered a criminal offense.
The Afghanistan Inquiry’s spokeswoman emphasized the importance of Mercer’s cooperation, stating, “Mr. Mercer is refusing to disclose information which may be important to a public inquiry seeking to establish the truth about grave allegations of multiple murders involving UK Special Forces.” She added that the inquiry has secure measures to protect the identities of confidential contacts and that witnesses are safeguarded from prosecution for breaches of the Official Secrets Act or failure to report misconduct.
The Afghanistan Inquiry was established on December 15th, 2022, to investigate matters arising from the deployment of British Special Forces to Afghanistan from mid-2010 to mid-2013 under the Inquiries Act 2005. Newly revealed allegations by Afghan families contend that UK special forces engaged in a “campaign of murder” against civilians, and that senior military personnel attempted to prevent adequate investigations. Sir Charles has ordered Mercer to provide the names by 4 pm on July 25th.