High Court Upholds Secrecy in Afghanistan Inquiry
The High Court's ruling to continue the Afghanistan Inquiry under a dual closed-material procedure represents a win for secrecy over transparency. Key evidence regarding alleged Special Forces war crimes will stay hidden from the public eye.
Legal Framework and Procedures
On 3 November 2025, the High Court authorized a hybrid closed-material approach. National security information will be managed under the Justice and Security Act 2013, while other sensitive evidence related to witness safety will be handled in closed sessions through the court’s inherent jurisdiction. Special advocates will represent parties excluded from these sessions.
Court’s Reasoning and Implications
“It is not merely important but fundamental that justice be seen to be done,”
— Lord Hewart’s famous dictum from Sussex Justices, emphasizing the need for visible justice.
The Court clarified that the Justice and Security Act governs national-security issues, while inherent jurisdiction covers other harms to avoid conflicting procedures. Despite these safeguards, the ruling signifies a further step away from openness in an inquiry already delayed.
Consequences for Public Access
- The use of special advocates and the periodic review of section 6 declarations mean a growing portion of the inquiry's record will be unavailable to the public.
- This decision entrenches secrecy in an investigation concerned with serious allegations, undermining scrutiny and transparency.
Author's summary: The High Court's ruling deepens secrecy in the Afghanistan Inquiry, prioritizing national security over public scrutiny and limiting access to critical evidence about alleged war crimes.
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