AVA - Court: Split Afghans Frozen Asset

A New York court has denied the request to compensate 9/11 victim families from Afghanistan’s frozen foreign reserves.

Afghan Voice Agency(AVA)_Monitoring, The decision came a week after at least 77 family members of victims of 9/11 in a letter to United States President Joe Biden wrote “the Afghanistan central bank funds currently being kept in New York belong to the Afghan people,” urging the court to reconsider the case.

United States Magistrate Judge Sarah Netburn made the recommendation that still is under review for a final decision. The court letter was tweeted by the Chargé d’Affaires of Afghanistan’s Permanent Mission to the United Nation Naseer Ahmad Faiq.

“The Taliban’s victims have fought for years for justice, accountability and compensation. They are entitled to no less,” the posted letter said. “But the law limits what compensation the court may authorize, and those limits put the DAB’s assets beyond its authority.”

“The court lacks subject matter jurisdiction over the turnover motion because the Judgment Creditors have not overcome DAB’s immunity from jurisdiction,” the letter elaborated. “And even if they had, the Court cannot find that DAB is an agency or instrumentality of the Taliban under TRIA § 201 without infringing on the President’s constitutional recognition prerogative.”

Fair said they coordinated with some government and non-government organizations to maintain the Afghan assets, as the court has given a 14-day period for the opposition to register their complaints should they have any.

“The decision denied the mentioned claim and appeal of the 9/11 victims based on legal rights,” he said, as TOLOnews quoted. “The other side had been given a 14-day period of time to register their complaints in case they oppose this decision.”

Meanwhile, Islamic Emirate leadership welcomed the court’s decision, saying Afghans were not involved in 9/11 attack and that they will be benefiting the asset as it should be.

“We welcome this. It is a good step. It is obvious that the Afghans were not involved in the 9/11 attack. The assets which are frozen now will hopefully be released,” said Bilal Karimi, deputy spokesman for the Islamic Emirate.