A Danish court ruled on Thursday that Niels Holck, a 62-year-old Danish arms smuggler who air-dropped four tonnes of weapons to Indian villagers in 1995, cannot be extradited to India due to concerns over potential human rights violations. Holck, also known as Kim Davy, admitted to parachuting the weapons into West Bengal to aid locals in their conflict with government forces. Despite persistent efforts by the Indian government to bring him to trial, the Hillerod district court determined that extradition should not proceed as there is a "real risk" that Holck would face treatment in India that breaches Article 3 of the European Convention on Human Rights, which forbids torture and other cruel, inhuman, or degrading treatment.
The court's decision took into account diplomatic assurances from India that Holck would be housed in a special detention center during his trial, accompanied by Danish police observers. However, the court remained unconvinced by these assurances. Holck was the sole escapee among a group of seven smugglers whose plane was intercepted by the Indian Air Force. The other members, all European nationals, were sentenced to life imprisonment in Kolkata in 2000 but were later released. India views Holck as the orchestrator of the operation, which involved the delivery of hundreds of assault rifles, pistols, anti-tank grenades, rocket launchers, and thousands of rounds of ammunition.
Holck was arrested in Denmark in April 2010 following an agreement between Danish and Indian authorities regarding the conditions of his extradition, including a guarantee that he would not face the death penalty and would serve any sentence in Denmark. However, a Danish district court in 2011 reversed the authorities' decision, citing the risk of mistreatment in India, a ruling that was later upheld by an appeals court. In 2016, India renewed its request for his extradition. Holck's lawyer, Jonas Christoffersen, expressed satisfaction with the court's decision and anticipates that the prosecution may appeal, as they did in 2011. Given the previous rulings by two courts in 2011 and the current decision, Christoffersen is confident that the ruling will stand.
Christoffersen also mentioned that his client is weary of the prolonged legal battle, hoping that the case will soon be resolved through the Danish legal system, ensuring that he will never be extradited to India. Holck, who has been living under the shadow of being labeled a terrorist without substantial evidence for 28 years, continues his life in Denmark, albeit restricted from traveling. In his 2008 autobiography, "They Call Me a Terrorist," Holck details the arms delivery during a flight originating from Bulgaria. The court has given the parties three days to decide on whether to appeal the decision.
