Australian war crimes investigation into Special Forces to continue in Afghanistan

The investigation into war crimes claims against Australia’s Special Forces in Afghanistan has taken another turn.

The damning Brereton report into alleged war crimes by Australia’s Special Forces has been translated into Pashto and Dari as prosecutors seek alternate ways to gather witnesses in Afghanistan.

Office of the Special Investigator director general Chris Moraitis confirmed more than 50 investigators were continuing to pursue the former or still serving elite soldiers.

This is despite previous media reports the more than a dozen men had been exonerated due to a lack of prosecutable evidence.

Mr Moraitis told parliament through the Senate Estimates hearings while the Taliban’s rule over Afghanistan posed challenges to their case, investigations were continuing apace.

He said the Office marked its first anniversary and began its second year with considerable momentum in its fair, thorough and impartial investigation.

OSI director general Chris Moraitis. Picture: AAP

Afghanistan he said was not a place his team could visit and COVID-19 had hampered other travel, but evidence from Afghanistan was being gathered.

“Obviously it’s not ideal in the sense that you can’t visit the country and pursue avenues there, it just means we need to focus on what we can do rather than what we can’t do,” Mr Moraitis said.

Soldiers from the Special Operations Task Group prepare to clear a valley of Taliban extremists during a counter insurgency operation in Oruzgan Province, Afghanistan. Picture: Defence

“With the Australian Federal Police we have taken the initiative of translating parts of the Brereton into Dari and Pashto and made it as such for the community to understand what happened in the Brereton inquiry, so in that spirit we are amenable to making sure that accurate truthful engagement and supportive engagement with witnesses, we’ve done a lot of work in that space generally speaking.”

Taliban troops on patrol on the streets of Kabul. Picture: AFP

It is understood some potential witnesses from Afghanistan are now living in Australia and assisting with the inquiry.

In November 2020, 19 current or former ADF Special Forces soldiers were referred to authorities after the Brereton inquiry found “credible information’’ up to 19 individuals were involved in 39 unlawful killings including 23 murders.

Some of those being investigated have spoken about the toll was having on them and their families, through the Royal Commission into Veteran and Defence Suicide.

Mr Moraitis said the OSI had been in contact with the International Criminal Court in The Hague to update that court about its war crimes probe.

He said no brief had yet been handed to the DPP for review; he previously told Estimates that could take five years.

Originally published as Australian war crimes investigation into Special Forces to continue in Afghanistan