62-year-old Niels Holck will not be extradited to India for his involvement in a weapons drop to a rebel group in West Bengal in 1995, according to a ruling by the Hillerød District Court (Retten i Hillerød). The court assessed that there is a risk of torture if Holck is sent to India. This decision can be appealed to the Eastern High Court (Østre Landsret).

Holck evaded arrest when the weapons were dropped from an airplane in 1995 and made his way to Denmark via Nepal the following year. A previous extradition attempt in 2010 was rejected by both the city court and the high court.

In 2016, India once again requested Holck’s extradition and offered various guarantees, including placement in a special detention facility and accompaniment by Danish police. The Danish Director of Public Prosecutions (Rigsadvokaten) recommended extradition last year, but the Hillerød Court pointed out that the risk of torture remains too great, as India has not ratified the United Nations Convention Against Torture, and conditions have not changed significantly since 2011.

Holck’s defense attorney, Jonas Christoffersen, expressed satisfaction with the ruling and anticipates that the high court will reach the same conclusion. He hopes that the case can be resolved soon and that the challenges regarding extradition under current conditions in India will be acknowledged.