2011 Helmand Province killing

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Map of Afghanistan with Helmand highlighted Helmand in Afghanistan.svg
Map of Afghanistan with Helmand highlighted

The 2011 Helmand Province killing was the manslaughter of a woundedTaliban insurgent by Alexander Blackman, which occurred on 15 September 2011. [1] [2] Three Royal Marines, known during their trial as Marines A, B, and C, were anonymously tried by court martial. On 8 November 2013, [2] [3] [4] Marines B and C were acquitted, [2] [5] but Blackman (Marine A) was initially found guilty of murder of the Afghan insurgent, [2] in contravention of section 42 of the Armed Forces Act 2006. [4] This made him the first British soldier to be convicted of a battlefield murder whilst serving abroad since the Second World War. [6]

Contents

On 6 December 2013, Blackman was sentenced to life imprisonment with a minimum term of ten years, [7] and dismissed with disgrace from the Royal Marines. [8] On 22 May 2014, the Courts Martial Appeal Court reduced his minimum term to eight years. [9]

This led to a campaign [10] by the Armed Forces community to have his conviction overturned, led by Claire Blackman and the MP for South Dorset, Richard Drax. [11] During the campaign to free him, the Criminal Cases Review Commission concluded that Alexander Blackman's defence team fell "way below the standard expected". [12] At the subsequent appeal hearing in 2017, the conviction was overturned and the hearing stated that "At the time of the killing the patrol remained under threat from other insurgents ... Given his prior exemplary conduct, we have concluded that it was the combination of the stressors, the other matters to which we have referred and his adjustment disorder that substantially impaired his ability to form a rational judgment." [13]

In March 2017, the conviction for murder was overturned and reduced to manslaughter on the grounds of diminished responsibility. Blackman was released from prison on 28 April 2017 but his dismissal from the Marines remains in place. [14]

Incident

The incident took place in Helmand Province during Operation Herrick 14, [15] part of the British effort in the War in Afghanistan. Blackman, of J company, 42 Commando, Royal Marines, [16] was part of a Marine patrol that came across an Afghan fighter in a field wounded by Apache helicopter gunfire. [2] [6] [8] Blackman ordered the Afghan to be moved out of sight of the Kestrel surveillance system, [2] a camera on a balloon above British Forward Operating Base Shazad, Helmand, covering the area Blackman's patrol had been sent to. [9] Video evidence played at the Marines' subsequent trial shows some of the patrol dragging the man across the field and then kicking him. [17] Blackman ordered Marine B and C to stop administering first aid to the insurgent [2] and eventually shot the man in the chest with a 9 mm pistol, [8] [17] saying: "Shuffle off this mortal coil, you cunt. It's nothing you wouldn't do to us." [6] [18] [17] [19] He then added: "I just broke the Geneva Convention." [4] [20]

Criminal trial, appeals, and sentencing

After the 15 September incident, Blackman continued with his tour of duty, leaving Helmand Province in late October 2011. [15] On 13 October 2012, at the decision of the Service Prosecution Authority, Marines A–E were charged with the murder of the unnamed Afghan insurgent. [2] The lead came after British civilian police discovered suspicious video footage on a serviceman's laptop. [3] Marines D and E had charges against them dropped on 5 February 2013. [2] Marines A, B and C first appeared in court in August 2013, where they entered a not guilty plea. [3] The military trial of Marines A, B and C, protected from view in court behind a screen because of an anonymity order, [3] began on 23 October 2013 [2] and lasted two weeks. [3] Their Court Martial board (equivalent to a jury in the civilian justice system) [2] was seven members strong, [4] [19] instead of the five used for less serious cases. [21]

The verdict (8 November 2013) [2] and sentence (6 December 2013) were both delivered at the Military Court Centre in Bulford, Wiltshire. [3] [4] [7] The judge advocate (the civilian judge heading the panel at a court martial) [21] was Judge Advocate General Jeff Blackett. [6] The verdict carried with it a mandatory life sentence, [3] [8] so it was only in the judge advocate's and Court Martial board's power to decide on the minimum sentence once the board had found Blackman guilty. [21] He was sentenced to a minimum of 10 years in prison. [7] On 22 May 2014, at the Courts Martial Appeal Court, its most senior judge, Lord Chief Justice Lord Thomas upheld the life sentence, but reduced Blackman's minimum term to 8 years. [9]

In December 2016 Blackman was denied bail pending a second appeal due to be heard by the Court Martial Appeal Court (CMAC). [22] On 15 March 2017, the CMAC reduced the conviction to manslaughter on the grounds of diminished responsibility. [23] UK newspaper The Guardian reported that, "Outside court Blackman's wife, Claire, who has led the campaign to free the former sergeant, said she was delighted by the result saying it 'much better reflected the circumstances that [her] husband found himself in during that terrible tour of Afghanistan'." [24]

On 28 March 2017, Blackman was given a 7-year sentence for manslaughter with diminished responsibility, but was given credit for time served, and was freed on 28 April 2017. [1] [25]

Anonymity orders

The Law Courts building, housing the High Court, which issued a ruling leading to three of the Marines involved being publicly named London Royal Courts of Justice 501523 h000008.jpg
The Law Courts building, housing the High Court, which issued a ruling leading to three of the Marines involved being publicly named

Running in parallel to the Marines' criminal trial were legal proceedings relating to the anonymity of the defendants. In the autumn of 2012, Judges Advocate Elsom and Blackett issued anonymity orders for the Marine defendants due to the risk that, once named, the defendants would become targets for terrorists. [2] [15] The move had been opposed by elements of the UK media. [2] A lawyer for the Press Association argued that anonymity orders should not be issued in this case because British military award recipients named in the media had not been previously targeted; and that the names of those British service personnel investigated following the death of Baha Mousa had not been similarly protected. [26] The 2012 anonymity orders were upheld at the beginning of the trial in October 2013. [2]

On 5 December 2013, [4] Lord Chief Justice Lord Thomas and two other High Court judges lifted the existing anonymity order on Marine A, allowing him to be named as Sergeant Alexander Wayne Blackman. [15] [16] The same ruling had it that the identities of Marines B and C also be revealed unless they submit an appeal to the Supreme Court. [18] No such appeal was lodged within the set deadline, and so, on 19 December 2013, Marine B was named as Corporal Christopher Glyn Watson and Marine C was named as Marine Jack Alexander Hammond. [18] [27] The anonymity of Marines D and E was upheld on 19 December "pending any further order by the Judge Advocate General". [27]

Blackett also restricted public access to the evidence used at the trial, releasing on 8 November stills, audio clips and transcripts from the serviceman's video that was played to the Court Martial board, [17] but ruling that the full video itself not be released, [15] [17] [28] since doing so "would increase the threat of harm to British service personnel." [17] [28] On 5 December 2013, the Court Martial Appeal Court upheld the earlier decisions prohibiting the release of the video footage of the attack and some of the stills from it. [2] The Court stated, however, that the prohibition was to prevent the material being used for radicalisation, rather than it posing a risk to the life of the defendants. [2]

Reactions

The legal proceedings relating to the Marines received widespread public and media attention in the UK.

Reacting to Blackman's guilty verdict, Royal Marines Brigadier Bill Dunham called the murder a "shocking and appalling aberration" that was "not consistent with the ethos, values and standards of the Royal Marines", but was nevertheless an "isolated incident". [3] General Sir Mike Jackson said he was "saddened" by the case. [3]

Blackman's guilty verdict led to a showing of public support for the Marine, with people creating social media groups and online petitions asking that he be given a lenient sentence or calling for his release. [29] The Daily Telegraph supported one Change.org petition for leniency. [30]

When Blackman was sentenced to life imprisonment with a tariff of 10 years, General Sir Nick Houghton called his actions a "heinous crime" and commented that "murder is murder". [29] By contrast, Blackman's commanding officer, Lieutenant Colonel Simon Chapman, 42 Commando, said in a letter read to the court that Blackman had had a "momentary ... lapse of judgment" and was "not a bad man", and added that Blackman had his "full support". [31] Blackman himself said in a statement that he was "devastated" and "very sorry for any damage caused to the Royal Marines". [7] [19]

In November 2013, Colonel Oliver Lee OBE, commanding officer of 45 Commando during Operation Herrick 14, resigned in protest at the narrowness of Blackman's court martial and his being prevented from giving evidence to it. [32] Lee went on to give evidence at the Court Martial Appeal Court in 2017 where Blackman's conviction was reduced from murder to manslaughter. [33]

On 28 October 2015, the Ministry of Defence banned a large number of serving soldiers from attending a rally in support of Sergeant Blackman, saying that the event was a "political protest". However, lawyers representing the rally organisers stated that, rather, the event was "a show of support to one of our fellow Royal Marines and not a 'political protest'". [34] [35] A related online petition to the government raised over 100,000 signatures calling for Blackman's immediate release, stating that the soldier had been condemned for defending his country. Within hours of the MoD's decision Michael Fallon, Minister for Defence, put out a government statement saying that the UK would maintain military operations in Afghanistan for the foreseeable future.[ citation needed ]

See also

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References

  1. 1 2 "Royal Marine Alexander Blackman gets seven years for Taliban killing". BBC News. 28 March 2017. Retrieved 28 March 2017.
  2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Marines A & Ors v Guardian News and Media & Other Media [2013] EWCA Crim 2367 (5 December 2013), Court Martial Appeal Court (England and Wales)
  3. 1 2 3 4 5 6 7 8 9 Littlewood, Alex (8 November 2013). "Marine guilty of Afghanistan murder". BBC News. Archived from the original on 10 November 2013. Retrieved 9 December 2013.
  4. 1 2 3 4 5 6 Beale, Jonathan; Wyatt, Caroline (5 December 2013). "Marine convicted of Afghan murder named". BBC News. Archived from the original on 5 December 2013. Retrieved 9 December 2013.
  5. ↑ Morris, Nigel (6 December 2013). "Royal Marine Sgt Alexander Blackman jailed for life for the murder of Afghan insurgent". The Independent . Archived from the original on 15 December 2013. Retrieved 16 December 2013.
  6. 1 2 3 4 Farmer, Ben (6 December 2013). "Killer Marine told he 'increased risk of revenge attacks' and sentenced to minimum 10 years". The Daily Telegraph . Retrieved 9 December 2013.
  7. 1 2 3 4 "Marine 'devastated' after prison sentence". The Daily Telegraph . 6 December 2013. Archived from the original on 7 December 2013. Retrieved 9 December 2013.
  8. 1 2 3 4 R. v. Sergeant Alexander Wayne Blackman(Bulford Military Court6 December 2013), Text.
  9. 1 2 3 R -v- Sergeant Alexander Wayne Blackman and Secretary of State for Defence [2014] EWCA Crim 1029 (22 May 2014), Courts Martial Appeal Court (England and Wales)
  10. ↑ "Protest over Royal Marine's Afghanistan murder conviction". BBC News. 28 October 2015.
  11. ↑ "Freeing Sergeant Alexander Blackman".
  12. ↑ Foster, Patrick (3 January 2017). "Jailed marine Alexander Blackman's defence team 'fell below standard required', official report concludes". The Daily Telegraph . Archived from the original on 29 November 2021.
  13. ↑ "Judges quash UK marine Alexander Blackman's murder conviction". TheGuardian.com . 15 March 2017.
  14. ↑ Press Association: "Marine A: Alexander Blackman released from prison", The Guardian , 28 April 2017.
  15. 1 2 3 4 5 Morris, Steven; Norton-Taylor, Richard (5 December 2013). "Marine who murdered Taliban prisoner loses fight to remain anonymous". The Guardian . Archived from the original on 8 December 2013. Retrieved 9 December 2013.
  16. 1 2 R. v. Marines A, B, C, D & E(Court Martial Appeal Court and Divisional Court of The Queen's Bench Division 5 December 2013), Text,archived from 25 November 2014 the original on 17 December 2013.
  17. 1 2 3 4 5 6 Stretch, Euan (8 November 2013). "'Could put one in his head if you want?': Court martial tape of alleged execution released". Daily Mirror . Archived from the original on 9 November 2013. Retrieved 9 December 2013.
  18. 1 2 3 Press Association (19 December 2013). "Court names Royal Marines acquitted of Afghan insurgent's murder". The Guardian . Archived from the original on 20 December 2013. Retrieved 19 December 2013.
  19. 1 2 3 Robson, Steve (6 December 2013). "Royal Marine Sergeant Alexander Blackman jailed for ten years for executing injured Taliban insurgent". Daily Mirror . Archived from the original on 6 December 2013. Retrieved 9 December 2013.
  20. ↑ Terrill, Chris (9 April 2014). Marine 'A': Criminal or Casualty of War? (Television production). BBC One . Retrieved 10 April 2014.
  21. 1 2 3 Rozenberg, Joshua (5 December 2013). "Marine's life sentence is fixed by law – but the minimum term is not so simple". The Guardian . Archived from the original on 8 December 2013. Retrieved 9 December 2013.
  22. ↑ "Murder appeal ex-marine Alexander Blackman refused bail". BBC News . 21 December 2016. Archived from the original on 21 December 2016. Retrieved 21 December 2016.
  23. ↑ "Marine Alexander Blackman conviction reduced to manslaughter". BBC News . 15 March 2017. Retrieved 15 March 2017.
  24. ↑ Morris, Steven (15 March 2017). "Judges quash UK marine Alexander Blackman's murder conviction". The Guardian . London. Retrieved 15 March 2017.
  25. ↑ "Marine A, who killed wounded Taliban fighter, released from prison". The Guardian . 28 April 2017.
  26. ↑ R v Marines A – E(Court Martial 7 November 2012), Text,archived from the original.
  27. 1 2 R -v- Marines A, B, C, D & E(Court Martial Appeal Court 19 December 2013), Text,archived from the original.
  28. 1 2 R -v- Marines A, B and C(Bulford Military Court28 October 2013), Text.
  29. 1 2 Farmer, Ben; Terrill, Chris (13 December 2013). "Marine A wife: It was war, my husband is not a murderer". The Daily Telegraph . Archived from the original on 17 December 2013. Retrieved 26 November 2014.
  30. ↑ "Petition: leniency for Marine A". The Daily Telegraph . 11 November 2013. Archived from the original on 15 August 2014. Retrieved 26 November 2014.
  31. ↑ "Commanding officer's letter defends Sergeant Alexander Blackman". BBC News. 6 December 2013. Retrieved 24 February 2023.
  32. ↑ Strachan, Graeme (11 September 2015). "Former Arbroath CO quits Royal Marines, accusing military chiefs of Alexander Blackman betrayal". The Courier . Retrieved 18 September 2015.
  33. ↑ Akam, Simon (3 April 2021). "War, justice and the real story behind 'Marine A'". GQ . Archived from the original on 3 April 2021.
  34. ↑ Farmer, Ben (26 October 2015). "Troops warned not to attend Sgt Alexander Blackman rally". Daily Telegraph. Retrieved 27 October 2015.
  35. ↑ "MoD bans military personnel from rally supporting jailed ex-Royal Marine". ITV News. 27 October 2015. Retrieved 27 October 2015.
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