The prosecution continues its efforts to extradite Niels Holck to India in a decades-long arms case. The District Court in Hillerød issued a ruling on Thursday stating that Holck cannot be extradited due to the risk of torture and inhumane treatment. Nevertheless, the prosecution has decided to take this decision to the Eastern High Court (Østre Landsret), as indicated in a press release on Friday.
The case against Niels Holck, who participated in a weapon delivery to a rebel group in West Bengal in 1995, has gone through several legal systems. Holck was the only one involved who avoided arrest, while his accomplices on the plane were convicted in India. As the high court prepares to re-evaluate the case, it will do so based on claims that India’s guarantees regarding his safety are insufficient. Holck’s lawyer, Jonas Christoffersen, emphasized on Thursday that the risk of torture remains a current concern.
India has repeatedly sought Holck’s extradition from Denmark, but previous court rulings have denied these requests, citing security risks. In 2011, both the district court and the high court rejected extradition, leading to a subsequent cooling of diplomatic relations between Denmark and India. Despite India’s promise of special imprisonment conditions and police protection from Denmark, the Hillerød Court has determined that these changes do not sufficiently reduce the risk of torture.
The current Attorney General (Rigsadvokat) supported extradition last year following an assessment by the Danish Security and Intelligence Service (PET). However, the Hillerød Court’s ruling raises doubts about whether the mentioned changes in India are significant enough to safeguard Holck’s human rights. As such, the saga continues with the upcoming assessment by three high court judges. Jonas Christoffersen hopes for a resolution in the high court that acknowledges the unacceptable conditions in India.
The outcome of the case in the high court will determine the next steps in this prolonged legal battle regarding Niels Holck’s fate.