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Special investigator appointed for SAS war crimes prosecution
A new investigative agency is being formed to build criminal cases against Australian special forces suspected of committing war crimes in Afghanistan.
Tony Zhang
Prime Minister Scott Morrison said a special investigator would be appointed to further pursue allegations of Australian war crimes committed in Afghanistan by members of its special forces.
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“Given the likely allegations of serious and possibly criminal misconduct, the matters raised in the inquiry must be assessed, investigated and, where allegations are substantiated, prosecuted in court,” he said.
“The Office of the Special Investigator will address the criminal matters made in the Inspector General’s report and investigate those allegations, gather evidence and, whether appropriate, refer briefs to the Commonwealth Director of Public Prosecutions for consideration.”
The Australian Centre for International Justice (ACIJ) said the establishment of the Office of the Special Investigator should be made permanent.
Principal lawyer and director of the ACIJ, Rawan Arraf said the “establishment of the Office of the Special Investigator (OSI) is a welcome and pivotal step.”
“We have been calling for a specialist unit to be established within the AFP for the past two years. It has been the missing puzzle in Australia’s ability to conduct investigations into atrocity crimes and ensure that victims and survivors of these crimes have avenues to access justice,” she said.
“However, the OSI should become a permanent mainstay of Australia’s justice landscape. This is an important opportunity to consolidate the build up of this body’s expertise in investigating these crimes.
“This should also be the time to develop a national strategy and program for Australia to join the global fight to end the impunity enjoyed by perpetrators of atrocity crimes, and assist victims and survivor communities in their struggle for justice and accountability.”
The ACIJ said the OSI will be staffed with experienced investigators, legal counsel and support personnel. The government recognised that international cooperation is necessary because of the complexity of these types of investigations.
The OSI will investigate allegations of crimes, gather evidence and where appropriate refer briefs for consideration of prosecution to the Commonwealth Director of Public Prosecution.
Elite Australian soldiers were deployed in Afghanistan in 2002, alongside US and allied forces sent after the 11 September 2001 attacks on New York and Washington.
The alleged atrocities became widely known in 2017 when ABC published the leaked “Afghan files” – hundreds of ADF documents on claims that Australian troops had killed unarmed men and children in Afghanistan.
Mr Morrison also confirmed that a redacted version of the Inspector-General’s report prepared by NSW Justice Paul Brereton would be released on Thursday next week.
“It is going to be difficult for all of us, but what we are seeking to do as a Government, I think what we have to do as a country, is to absorb this in a way that enables us to uphold the integrity of our justice system, uphold the integrity of our defence forces,” the Prime Minister stated.
