Mothers with their babies on a children’s ward at Indira Gandhi hospital receive treatment for malnutrition on August 13, 2022 in Kabul, Afghanistan.
Nava Jamshidi/Getty Images
President Joe Biden froze $7 billion in funds held by Afghanistan’s central bank in February.
Half the funds would go to humanitarian aid, and the rest would go to the families of 9/11 victims.
Some 9/11 family members called the move “legally suspect and morally wrong.”
Some family members of 9/11 victims are calling on President Joe Biden to return billions of dollars worth of frozen assets, held by the Afghanistan central bank, back to the Afghan people as a humanitarian crisis lingers in the country.
In a letter sent to the president on Tuesday, 77 family members signed a request to modify an executive order from February which effectively held the Afghan central bank’s $7 billion worth of assets in the Federal Reserve Bank of New York. The letter was first reported by Politico.
The goal was to keep the funds out of reach from the Taliban as the group embarked on a swift takeover of the country following the US military withdrawal nearly one year ago. At the same time, the Biden administration hoped to direct half of those assets towards aid for the Afghan people, while the other half could go towards relatives of 9/11 victims — who have sought compensation for years after the September 11, 2001, terrorist attacks — pending ongoing negotiations.
But the family members who signed the letter are arguing that any use of those funds to pay relatives is “legally suspect and morally wrong,” and that they “belong to the Afghan people and the Afghan people alone.”
Nearly two decades ago, about 150 family members of the 9/11 victims successfully sued several groups, including Al Qaeda and the Taliban, when a court ordered in a default judgment that the defendants pay $7 billion worth of damages, according to The New York Times.
The remaining issue, however, was to find a way to collect.
With the Taliban takeover of the Afghan government, some lawyers for the relatives of the victims have renewed their efforts to seek compensation through the frozen assets. Last year, after the plaintiffs of the $7 billion default judgment asked a judge to begin repayments, a US Marshal served the Federal Reserve of New York a “writ of execution” to seize the funds, The Times reported.
However, the undersigned family members are claiming that the arguments are legally dubious.
“Their argument is that, when the Taliban took control over the Afghan government, the Taliban presumptively gained control of the frozen assets as well, freeing the funds for the plaintiffs to pursue,” the letter states. “These suits, and the legal claims involved, are complex. But these arguments are founded on a false premise. This money does not belong to the Taliban. This money comes from Afghanistan’s central bank, and as such, it belongs to the Afghan people.”
Who has legal access to the funds has been a point of contention. Leaders of the Taliban believe the funds rightfully belong to them, and talks with the Biden administration over the reserves have stalled.
Family members who signed the letter also pointed to the ongoing humanitarian crisis afflicting the Afghan people, underscoring the urgency behind releasing the funds.
Famine and poverty continue to ravage the country. According to a report from the United Nations, one year after the Taliban takeover, nearly 23 million people are food insecure, and two million children suffer from malnutrition.
“Simply put, this money belongs to the Afghan people, not 9/11 family members – and they need it more,” the letter states.