Taliban authorities on Wednesday ordered Washington to return frozen Afghan assets after a federal judge in New York ruled that families of Sept’s victims get those assets back. The case again raised the question of recognition of the regime that regained control of Afghanistan in 2021.
Taliban authorities on Wednesday ordered Washington to return frozen Afghan assets after a federal judge in New York ruled that families of Sept’s victims get those assets back. The case again raised the question of recognition of the regime that regained control of Afghanistan in 2021.
“These assets belong to Afghanistan. There should be no excuse for freezing them or not returning them to the Afghan people,” Taliban deputy spokesman Bilal Karimi told AFP on Wednesday. “They must be returned without conditions,” he added.
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Shortly after the Taliban took over Kabul in August 2021 and toppled the Afghan government, the United States had seized $3.5 billion in assets.
In February 2022, President Joe Biden signed an executive order authorizing the seizure of US$7 billion in reserves deposited in the United States, half of which would be used to meet compensation claims from families of victims of the September 11, 2001 attacks and the other half for humanitarian aid in Afghanistan.
A group of families of 9/11 victims who had won a lawsuit against the Taliban years earlier called for the funds to be confiscated to comply with the verdict.
On Tuesday (21st) a federal judge in New York ruled that the families of the victims of the September 11, 2001 attacks cannot seize the frozen assets of the Afghan central bank. Lawyers demanding compensation argued that those funds could meet the penalties they won against the Taliban.
The decision states that federal courts have no jurisdiction to seize these funds.
“The Taliban, not the former Islamic Republic of Afghanistan or the Afghan people, must bear responsibility for the 9/11 attacks,” the judge said. According to the federal judge, the constitution “prevents” him from allocating this wealth to families because it would be tantamount to recognizing the Taliban as the legitimate government of Afghanistan. However, since capturing Kabul in 2021, the Biden administration has failed to recognize the Taliban regime, meaning American courts are powerless to do the same.
According to the judge, court creditors have the right to collect the amounts owed for the judgment, but they cannot do so with funds from the Central Bank of Afghanistan. These funds have been frozen in the United States since August 15, 2021, the day the Taliban invaded Kabul and the Washingtonbacked overthrow of the Afghan government.
The Central Bank of Afghanistan welcomed the verdict. “These reserves are owned by Afghans and are used for currency stability, strengthening the financial system and facilitating trade with the world,” the institution said in a statement.
families hit hard
The verdict is a blow to the families of the victims and to the insurers who paid out compensation after the attacks. “This decision deprives more than 10,000 members of the 9/11 community of their right to compensation from the Taliban,” said Lee Wolosky, an attorney who defended the victims’ compensation. “We believe the decision is wrong and will appeal,” he added.