Denmark rules against extradition of Niels Holck amid torture concerns

There is a significant risk that Niels Holck could be tortured if he is extradited for prosecution in India, which is why Denmark cannot hand him over, according to a ruling made today by the Hillerød Court. Holck expressed relief at the decision, stating, “It’s been 29 years since this case began, and I hope it will soon come to an end.”

Holck has been resisting prosecution in India since a 2011 ruling determined that doing so would put his life at risk. He stated, “I would very much like to be prosecuted and have the case clarified legally, but I would prefer not to die from it.”

The case has sparked a lengthy legal and diplomatic struggle between Denmark and India. It began in 1995 when Holck was involved in dropping four tons of weapons and ammunition in West Bengal, which he claims was an effort to assist an oppressed group. Indian authorities, however, classify this as support for terrorism and have sought his extradition since 2002.

In 2011, the Eastern High Court rejected the extradition request due to the potential for torture. This led to a prolonged diplomatic crisis, though relations gradually improved, with the Danish Prosecutor’s Office recommending last June that Holck could now be extradited.

Holck believes his case has become part of a political game between the Danish and Indian governments. His lawyer, Jonas Christoffersen, is satisfied with today’s ruling, asserting, “He risks being killed in India, and the court states that his safety cannot be guaranteed.” The prosecution has indicated it will closely examine the ruling and decide whether to appeal. Holck expects further legal proceedings will ensue.