Dutch Court Rules Failure to Evacuate Afghan Guards from Kabul Embassy Was Discriminatory

Kokcha News Agency – In a landmark ruling, a Dutch court in The Hague declared that the Dutch government’s failure to evacuate 42 Afghan guards from the Dutch embassy in Kabul during the Taliban takeover in 2021 was discriminatory. The court emphasized that the government had evacuated Hungarian security personnel but left the Afghan guards behind, an act it deemed “discriminatory and prohibited.”

The guards were employed by a private security company, and the government had previously argued that since they were not direct employees of the embassy, the Dutch government was not responsible for their safety. However, the court rejected this argument, stating that the guards’ situation was similar to that of employees hired through intermediary companies. The court further added that the Dutch government had a duty of care towards these individuals due to the risks associated with their job.

The court also noted that the Taliban considers these individuals “enemies” because of their cooperation with foreign governments, putting their lives and those of their families at risk. The judges stressed that while the Dutch government cannot force the Taliban to issue exit documents, it must take all necessary steps to ensure their safe evacuation.

Since the fall of Kabul, the Dutch embassy has not been operational in Afghanistan, and the guards have repeatedly requested evacuation to the Netherlands, only to have their requests denied. Some opposition parties in the Netherlands have criticized this decision as a violation of the “moral duty” owed to Afghans who worked for years to ensure the embassy’s security.

According to the court’s ruling, if the guards and their families are evacuated to the Netherlands, they will enter the official asylum application process. It remains unclear whether the Dutch government will appeal the court’s decision.