In October 2010 I tabled 22 written questions to the Ministry of Defence. A holding answer was given on 27th of October (below) to questions tabled last September. Nearly a year later I have received a response.
15th September 2011
Dear Paul,
I undertook to write to you in response to your Parliamentary Questions on 3 November 2010 (Official Report, column 847W- 850W) on Armed Forces Investigations. I am now in a position to do so.
Let me begin by reiterating that protecting Afghan civilians is among our and ISAF’s top priorities. There are strict procedures in place to both minimise the risk of casualties occurring and to investigate any incidents that, regrettably, do happen. Where there are incidents in which civilians have been injured or killed, and UK forces are potentially believed to have been involved, the chain of command conducts an investigation to ensure that Rules of Engagement (ROE) have been complied with and Escalation of Force procedures followed. If it is suspected that a criminal act has taken place it will be reported to the Service Police for further investigation.
The information disclosed by Wikileaks about each incident came from the Serious Incident Report, which is an initial snapshot of what occurred, often reported in the few moments immediately after an event. Because of their immediacy to the event these reports do not always have all of the facts and it is for this reason that subsequent, more detailed investigations are conducted to consider all of the relevant information.
I can confirm that we have located the necessary records to confirm that 11 of the incidents you enquired about were fully investigated by the Chain of Command in theatre. All the troops involved complied with UK ROE and followed Escalation of Force procedures correctly. Those incidents were:
Allegation 3 21 October 2007
Allegation 4 25 October 2007
Allegation 5 6 November 2007
Allegation 8 22 October 2008
Allegation 10 29 November 2008
Allegation 12 24 December 2008
Allegation 13 30 December 2008
Allegation 16 27 January 2009
Allegation 18 19 May 2009
Allegation 19 28 May 2009
Allegation 21 10 November 2009
A further five incidents were investigated by the Chain of Command but the reports we have located are incomplete:
Allegation 1 15 November 2006
Allegation 7 14 October 2008
Allegation11 4 December 2008
Allegation 14 3 January 2009
Allegation 17 26 March 2009
We have been unable to confirm whether these reports were not completed properly or simply the wrong version was filed upon return from theatre. However, they had all found that the troops had not breached UK law or ROE.
Allegation 2 (dated 4 October 2007) was, as you know, attributed to an unknown patrol. Despite the extensive searches we have undertaken no further details of this incident have been uncovered.
Allegation 9 (dated 19 November 2008) was investigated by the Chain of Command. A summary of the investigation report was located in a separate document, which found that the troops involved correctly followed Escalation of Force procedures, but it has not been possible to locate the report itself.
For two incidents, Allegation 15 (dated 19 January 2009) and Allegation 20 (dated 30 September 2009), the civilian casualties were caused by other ISAF nations, and, in accordance with policies at the time, were not investigated by the UK. Our policy now states that in such circumstances, where UK troops are involved even if clearly not directly responsible for a civilian casualty, a UK investigation will take place.
With regard to Allegation 6 (dated 12 March 2008), no investigation took place as there was no indication of civilian casualties. A possible Afghan National Police casualty was initially reported (as published by Wikileaks) but a few moments later he was confirmed as a UK soldier. UK helicopters were called in and engaged the enemy. However, despite The Guardian stating two women and two children were killed, and another child injured, in the incident there is no mention of this in our reports.
None of the incidents were reported to the Service Police for further investigation.
The Permanent Joint Headquarters has completed a review of the policy regarding these incidents to confirm the reporting process and ensure investigations are properly recorded.
I will not be placing copies of the investigation reports in the Library of the House as their release could prejudice the safety and effectiveness of the Armed Forces.
I hope this response has been helpful.
Yours sincerely,
Liam
The Rt Hon Dr Liam Fox MP
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