Court orders Dutch state to bring 42 Afghan embassy guards to Netherlands
A Dutch court has ruled that the government must assist in relocating 42 Afghan guards who protected the Dutch embassy in Kabul during the Taliban takeover in 2021, along with their partners and minor children, NOS reports.
The guards worked for an external security company. The government had argued it bore no responsibility for their safety because the state did not directly employ them. The court disagreed, saying the arrangement resembles hiring through a temporary staffing agency, where the hiring organization can be held accountable for risks.
Since the Taliban took power, the Netherlands has not maintained an embassy in Afghanistan. The Afghan guards have repeatedly requested to be relocated to the Netherlands.
The court ruling highlighted that the guards have faced ongoing threats because the Taliban considers them collaborators. The court also criticized the government for evacuating Hungarian guards from the embassy in 2021 while leaving Afghan guards behind, calling this a “forbidden distinction.” “The Dutch government failed to meet its duty of care to the guards and acted unlawfully,” the court concluded.
Opposition parties have called the government’s refusal unjust, arguing the country has a moral obligation to protect the Afghan guards.
In July, the former guards said they continue to face daily danger. One told NOS Nieuwsuur, “Now that we are in danger, we expect them to bring us to safety as soon as possible."
