Lawyers acting for Afghan villagers in the Operation Burnham inquiry have filed papers in the High Court over the decision not to have an open inquiry following an alleged coverup of the deaths of civilians in Afghanistan by New Zealand SAS troops in 2010.
Six villagers were killed and 15 others were injured in retaliation for the death of a New Zealand soldier who had died in a roadside blast, according to the 2017 book Hit & Run by Jon Stephenson and Nicky Hager.
Lawyer Deborah Manning, acting on behalf of the Afghan civilians, said in a press conference this afternoon that they have filed proceedings for a judicial review of the ruling of the inquiry to keep most of the Operation Burnham tribunal private.
She argued that a "right to life" investigation should be carried out in compliance with the Government's international and domestic legal obligations.
She told reporters the way it’s being handled is similar to a coroner holding an inquest without the family having a voice.
Proceedings will also include Attorney General David Parker's decision to refuse in the case, Ms Manning said.
It comes after Ms Manning and the legal team asked for an inquiry into the incident two years ago, which the Government at the time denied following the advice of the chief of the Defence Force.
"We're not part of the process - that's how it seems. This has been too long, and too hard, and it should not be allowed to happen again," Ms Manning said.
"When someone's life has been taken by the state, that triggers an obligation on the Government to have an investigation into how that life was taken, and to involve the family members and the next of kin to that investigation."
Last April, the Government began an inquiry into Operation Burnham, which the legal team welcomed.
"We have been again requesting the right to life obligation be respected for our clients, that the inquiry should be focusing on the six people who died, and the 15 who were seriously injured, and the inquiry refused our request and as part of that, we were also arguing that our clients had the right to disclosure of information relevant to their family members who had died or have been injured," Ms Manning said.
"We want it to be clear this inquiry into Operaton Burnham is fulfilling its international obligations towards the six civilians who died.
"It seems this inquiry has skewed. We say the victms of Operation Burnham are our clients. The way this inquiry has been operating is as if NZDF are the victims."
SHARE ME