Scores of Special Forces soldiers are declining to provide evidence to a war crimes inquiry over fears of self-incrimination.
The elite troops have ignored requests to discuss SAS night raids in Afghanistan which allegedly included Extra Judicial Killings.
According to legal sources, 70 per cent of witnesses called from the SAS have refused to comply with the judge-led High Court probe.
The serving and previously serving troops could face jail sentences if they fail to give statements.
They fear evidence they provide could be used against them or their colleagues in any subsequent criminal investigation.
Their refusal to cooperate has emerged after the Independent Inquiry Relating to Afghanistan released more material from secret court sessions.
Senior Special Forces officers have accused troops of killing women and children and captives in breaches of the Laws of Armed Conflict.
But last night, SAS officers hit back, accusing the Inquiry of releasing one-sided statements and following an agenda against the regiment.
Last night, retired Lieutenant Colonel Richard Williams said: ‘This very selective release of interpretations and judgements made by inexperienced staff officers reads like a one-sided, agenda-driven version of events.
‘These officers were thousands of miles from combat tragedies. With no counter narrative or accounts provided by SAS soldiers on the ground appears judgemental.
‘Hardly a shining example of transparency or fairness and a very odd way for a serious independent inquiry to behave.’
Former SAS commander Richard Williams is leading a regimental fightback against lawfare relating to Northern Ireland and Afghanistan
In Iraq and subsequently Afghanistan, SAS soldiers were ordered to eliminate the enemy’s bombmaking networks.
The SAS’s most famous action was the Iranian Embassy siege of May 1980.
While former Veterans Minister Johnny Mercer, who served in Afghanistan and gave evidence to the Inquiry last year, insisted the treatment of troops ‘must be fair’.
The most significant evidence to date has been provided by a senior officer, N1466. He has accused a Director of Special Forces of covering up war crimes in 2011.
N1466, whose identity is known to the Mail, also claims middle-ranking officers filed bogus reports to cover-up their soldiers’ illegal activities.
One of those officers, who wrote up operational summaries in 2010-11, is among those who have declined invitations by the inquiry to offer evidence.
N1141 told the judge, Sir Charles Haddon-Cave, ‘the prospect of future criminal proceedings is obvious’ and that he wanted to protect his right to a fair trial.
Human rights lawyers representing Afghan families said the testimony of N1466 was highly significant.
Tessa Gregory from Leigh Day said he was highly experienced at the time and well placed at Special Forces headquarters to realise what was happening.
She said: ‘He has made plain he believes war crimes were committed. He discusses mounting concern that something was going gravely wrong.
‘He cites particularly suspicious raids, including some in which our clients lost loved ones.
‘He states the Director of Special Forces took a conscious decision to supress, cover up and send a coded message to his men, rather than deal with alleged criminality.
‘N1466 says if more had been done in 2011 other lives would have been saved.’
In August 2012 and 18-months old Afghan child and a three-year-old were killed during a raid. SAS sources stressed this was a ‘tragedy’ which could not have been avoided.
Ms Gregory added the bereaved families were grateful to the officer for ‘such candid testimony’.
However, N1466 failed to challenge the cover up because, as he admitted, he thought it could compromise him professionally.
He told the High Court: ‘I believed it would have had an adverse impact on my promotion prospects and career longevity. I wish to express my regret that I did not make a report to SIB [Special Investigation Branch in 2011.’
The judge-led Inquiry is expected to hear further evidence long into 2026 and possibly into 2027. The publication of its findings could be followed by a criminal investigation by the Metropolitan Police.
Approaching 500 British soldiers lost their lives in Afghanistan following the Al Qaeda attacks on the US on 11th September 2001.
The SAS were sent to the country to target the enemy’s Improvised Explosive Device (IED networks).
Last night, the Ministry of Defence said: ‘The government is fully committed to supporting the Independent Inquiry Relating to Afghanistan as it continues its work and we are hugely grateful to former and current employees that have given evidence.
‘We also remain committed to providing the support that our Special Forces deserve, while maintaining the transparency and accountability that the British people rightly expect from their armed forces.
