The Netherlands Must Make Means of Transport Available to Bring 42 Afghan Guards and Their Family Members to the Netherlands, Accordance to the District Court. The Guards Worked At The Dutch Embassy When The Taliban Tok Power in 2021.
The District Court in the Hague Ruled on Tuesday that the State had insufficiently complied with its duty of care Towards the Afghan Guards Duration the Takeover and Afterwards. The State Has Acted UNLAWFILLY.
Some Guards had leg to work at the Dutch embassy for years. They were employed by the local service provider asman abi, with whom the state had an agreement.
On August 15, 2021, The Taliban Tok Power in Afghanistan. Shortly Before the Chaotic Takeover, Employees of Many Embassies Left the Afghan Capital Kabul. This also applied to the Netherlands. Dutch Embassy Employees Were evacuated in the days that followed, as were Hungaran Guards who worked for the Dutch Embassy. But the Afghan Guards were not evacuated.
The Afghans Have Repeatedly Asked The Dutch State to Transfer Them and Their Family Members To The Netherlands. They were afraid of retaliation from the Taliban. The Government refused to do this.
Hungarian’s Yes, But Afghans No.
In these Summary Proceedings, The Guards Demanded That They Be Transferred To The Netherlands Within One Month, Subject to a Penalty. They also allowed this to be done in a manner that the district court Court Considers Reasonable.
The Judge took Into Consideration that temporary employees Enjoy Extra Protection. They can hold not only their employer but also the person who hires them liable for the risks that the work entails. In This Case, Guards Have Been Confronted with Freedom-Restricting situations situations the Taliban Consider Them to Be Accomplices of Their Opponents.
The Judge also found that the state had made a prohibited distinction by evacuating the hungarian guards but not the afghans. The Hungarans Performed the Same Work and Were also Hired through Asman Abi.
In Addition, The Judge Points Out That the Afghan Guards Continued to Secure the Embassy for Some Time At The Request of the State, A little After the Evacuation and Takeover. This Happened Under More Dangerous Circumstances Than Before. This could mean that the state briefly had a Special Duty of Care Towards the Guards.