Exclusion procedure: What does the Supreme Court's suspension of the Taliban ban mean?

The Supreme Court of the Russian Federation has suspended the ban on the activities of the Taliban movement in power in Afghanistan (under UN sanctions for terrorist activities). His activities were banned in Russia more than 20 years ago. According to experts interviewed by Izvestia, this measure will contribute to the development of trade and economic ties and security cooperation between Russia and Afghanistan. The decision was made possible by a law that came into force in December 2024, which allows for the temporary suspension of the ban on terrorist organizations.

Taliban activities in Russia

The Supreme Court granted the claim of the Prosecutor General's Office to lift the ban on the activities of the Taliban movement and decided to remove it from the relevant list. The decision is subject to immediate execution, Judge Oleg Nefedov said. In fact, it means the legal recognition of a new political reality in Afghanistan, where the Taliban has held power since 2021. The Afghan authorities thanked Russia for the decision.

The removal of the Taliban from the Russian list was the culmination of a diplomatic process that has become particularly intense in recent months. In May 2024, the Russian president's special representative for Afghanistan, Zamir Kabulov, said that the Foreign Ministry and the Ministry of Justice had informed Vladimir Putin about the possibility of lifting the ban. At the same time, Foreign Minister Sergey Lavrov explained: Moscow proceeds from the realities and considers the Taliban to be the de facto ruling force. Trade and economic relations are also developing. The trade turnover between Russia and Afghanistan has grown significantly after the withdrawal of the US and NATO forces and has reached $1 billion.

Lifting the ban on the Taliban's activities will open up additional opportunities for building a full—fledged dialogue with Afghanistan at various levels, from official to public and humanitarian, Nikita Mendkovich, a political scientist and head of the Eurasian Analytical Club, said in an interview with Izvestia.

"Removing the Taliban from the list of terrorist organizations will simplify contacts not only at the official level, but also through public diplomacy, public organizations and business," the expert believes. — This will bring cooperation with representatives of the movement out of the gray legal zone. Such a decision should really contribute to the development of trade, humanitarian ties and simply the establishment of bilateral relations between Russia and the Afghan people.

Omar Nessar, a researcher at the Institute of Oriental Studies of the Russian Academy of Sciences, noted that Russia and the Taliban are already establishing cooperation in the field of combating terrorism.

— The Taliban are a very difficult partner, but nevertheless, we have selective cooperation with them in the fight against terrorism, as they actively oppose ISIS (a terrorist organization banned in the Russian Federation. — Ed.), which remains the bearer of global terrorist slogans, — Omar Nessar noted. — In this context, cooperation in the field of security will certainly meet the interests of the Russian Federation. Both sides are interested in stabilizing the situation in the region and neutralizing the threats posed by international terrorist groups.

The Kremlin has repeatedly stressed that recognition of the Taliban is possible if a number of conditions are met, primarily with regard to human rights. Kabul is expected to respect the rights of women and girls, as well as create an inclusive government with the participation of different ethnic groups, including Tajiks and Uzbeks. The requirements related to human rights remain relevant and do not lose their importance, Omar Nessar believes.

— If you read the declarations of various multilateral organizations, they always mention the rights of women, national minorities and other groups. The question is that, based on experience, the Taliban do not make concessions on these issues, and therefore the process of legitimizing them has been delayed. It should be emphasized that removing their status as terrorists is a step towards legitimization, but this does not mean that the Russian Federation officially recognizes them. There is no talk of recognition yet," the expert noted.

Establishing Russian-Afghan relations

In 2003, shortly after the UN Security Council added the Taliban to the sanctions lists, the Supreme Court of the Russian Federation made a similar decision. At that time, it was perceived as a logical continuation of Russia's position after the terrorist attacks of September 11, 2001, committed by Al-Qaeda (banned in Russia), with which the Taliban were closely associated at that time. Moscow then supported NATO's international efforts to combat the movement. By the way, the Russian Foreign Ministry said in a statement that the Supreme Court's decision to suspend the ban on the activities of the Taliban movement does not entail a change in Moscow's international obligations to comply with the UN Security Council sanctions regime.

With the return of the Taliban to power in August 2021, after the hasty withdrawal of American troops, the balance of power changed. Moscow did not recognize the new Afghan government, but began an active dialogue with it. Representatives of the Taliban regularly visit the Russian capital, participate in conferences and discuss economic projects, including in the field of transport and energy.

According to Nikita Mendkovich, the legal legalization of dialogue with the Taliban reflects the realities that have been developing for several years.

— Practice shows that the Taliban has been in power for almost four years. In any case, we don't have another government or another Afghanistan right now," he stressed. — It is necessary to build working relations, especially since the current authorities do not pose a threat to Russia, do not support terrorist practices and, on the contrary, declare the fight against international terrorism.

Tajikistan takes the most cautious position among regional players in relation to the Taliban. Back in 2022, President Emomali Rahmon accused the Taliban of failing to ensure security, economic stability and legitimacy.

But there is another experience in Central Asia. Kazakhstan became the first country to exclude the Taliban from the list of terrorist organizations: the relevant procedure was completed in December 2023. Kyrgyzstan followed suit. Uzbekistan and Turkmenistan have intensified their dialogue with Kabul.

Thus, Ashgabat resumed cooperation on the TAPI gas pipeline project (Turkmenistan— Afghanistan — Pakistan —India), and Tashkent signed 35 agreements with the Taliban in August 2024 totaling $2.5 billion. These documents cover the energy, transport and agricultural sectors.

Russian leaders, including Vladimir Putin, have repeatedly stressed that one way or another it is necessary to build relations with the current government in Afghanistan.