For the time being, the state does not have to bring former Afghan embassy weakers to the Netherlands. The Court of Appeal in The Hague suspended the decision of the subdistrict court judge on Friday until the decision in the appeal.
The case revolves around 42 Afghan guards. They worked on the Taliban power on 15 August 2021 at the Dutch embassy in Kabul on 15 August 2021. The guards were employed by the local service provider Asman Abi, who had an agreement with the Dutch state.
During the chaotic evacuation of Dutch embassy staff, the Hungarian guards were evacuated, but the Afghan guards and their families were not. The Hungarians worked through the same service provider as the Afghans.
The Afghan guards indicated since then to fear revenge actions of the Taliban. They insisted on evacuation several times, but the state refused this.
At the beginning of this month, the subdistrict court judge in The Hague ruled that the State had not adequately complied with his duty of care for the guards. The state had incorrectly distinguished between the Hungarians and Afghans.
State had to arrange means of transport within month
The subdistrict court judge therefore forced the State to arrange transport equipment within a month to get the guards to the Netherlands. According to the judge, the Afghan guards and their families are at immediate danger due to their work.
The Dutch state appealed against this decision. The State asked for suspension of the obligation to perform the evacuation until the profession has been dealt with.
The Court of Appeal has now granted that request. That means that the evacuation has been temporarily suspended. A final decision about the case will follow later. The substantive handling of the appeal is scheduled for September 29.
The State Does Not have to Bring Former Afghan Embassy Guards to the Netherlands for the Time Being. The Court of Appeal in the Hague Suspended the District Court’s Ruling on Friday Until the Ruling in the Appeal.
The Case Revolves Around 42 Afghan Guards. They worked at the Dutch Embassy in Kabul around the time of the Taliban’s Takeover on August 15, 2021. The Guards Were Employed by the Local Service Provider ASMAN ABI, which had an agreement with the Dutch State.
Duration the Chaotic Evacuation of Dutch Embassy Staff, The Hungarian Guards Were Evacuated, But The Afghan Guards and Their families were not. The Hungarans Worked Through The Same Service Provider As The Afghans.
The Afghan Guards Have Since Indicated that They Fear reprisals from the Taliban. They repeatedly urged evacuation, but the state refused to do so.
Earlier This Month, The District Court In The Hague Ruled That The State had not sufficiently complied with its duty of care for the guards. The State had Wrongly Discriminated between the Hungarian’s and Afghans.
State had to arrange transportation within a months
The District Court Therefore Obliged the State to Arrange Means of Transport Within A Month to Bring the Guards to the Netherlands. Accordance to the Judge, the Afghan Guards and Their families are in Direct Danger Due to Their Work.
The Dutch State Appealed Against This Ruling. The State Requested Suspension of the Obligation to Carry Out The Evacuation Until The Appeal Has Been Deals with.
The Court Has Now Granted That Request. This means that the evacuation has leg temporarily suspended. A Final Decision on the Case Will Follow later. The Substantive Hearing of the Appeal is Scheduled for September 29.