Former veterans minister and ex-officer Johnny Mercer is facing potential imprisonment for refusing to disclose names of soldiers who allegedly told him about unlawful killings and cover-ups by UK special forces during the Afghanistan War, The Afghanistan Inquiry has said. 

In a ruling released on Thursday, Judge Haddon-Cave, Chair of the Inquiry notes in his final observations that “[t]he Applicant submits that he is a protector of whistle-blowers. He chose publicly, however, to disclose that friends told him about allegations of unlawful killings by [United Kingdom Special Forces] in Afghanistan”. Haddon-Cove continued: “[I]ntegrity requires moral courage to do what is right, even when it may not be popular.”

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. The former minister, who lost his seat in Plymouth last week, has consistently refused to comply with orders to disclose these names to the Afghanistan Inquiry, which is chaired by Sir Charles Haddon-Cave.

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, the former MP was ordered to provide evidence in a public inquiry regarding war crimes allegations in Afghanistan under 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 – crosses a line.”

He concludes his letter by saying: “Mr. Haddon-Cave must now stop fixating on attempting to bully me – I have done nothing wrong. I gave my word to junior personnel who approached me. I intend to keep it.”

He further accused the courts and the inquiry team of misjudging the situation, with severe consequences for serving personnel and veterans. Mercer expressed frustration over finding out his fate through the press rather than being informed privately by the inquiry team. Previously the inquiry stated that failure to comply with the inquiry was “a criminal offense punishable with imprisonment and/or a fine”.

In a previous ruling, Haddon-Cave had warned that failure to comply with the order without a reasonable excuse would be considered a criminal offense, punishable by imprisonment or a fine. Despite submitting an application in April citing his inability or unreasonableness to comply. 

The Afghanistan Inquiry spokeswoman emphasized the importance of Mercer’s cooperation, stating, “Mr. Mercer is refusing to disclose information which may be important to a public inquiry which is 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, with the Government established an independent statutory inquiry to investigate matters arising from the deployment of British Special Forces to Afghanistan between mid-2010 and mid-2013 under the Inquiries Act 2005, with Afghan families having alleged that UK special forces engaged in a “campaign of murder”, against civilians, the inquiry heard, and that senior military personnel attempted to prevent adequate investigations.

Haddon-Cave has ordered Mercer to provide the names by 4 pm on the 25th of July.