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A Danish court on Thursday rejected the extradition request from India of a Danish national accused of being involved in an arms smuggling case 29 years ago, going against Denmark’s top prosecuting authority which had given the green light to sending Niels Holck abroad.
Holck admitted taking part in dropping assault rifles, rocket launchers and missiles from a cargo plane in eastern India in 1995. Indian police said they were meant for a revolutionary group in the country.
The Hilleroed District Court said that despite “the additional diplomatic guarantees” given by India “there is a real risk" that Holck will face torture or other inhumane treatment in India.
Holck, 62, said he feared for his life. if extradited.
“I would like to be held accountable in front of a judge because I believe it is a justified emergency, but I would rather not die from it,” Holck told Danish radio DR Thursday morning before the ruling was announced.
While a British citizen and five Latvians were arrested by Indian authorities after they dropped arms, Holck — previously known as Niels Christian Nielsen — escaped.
India first asked Denmark to extradite Holck in 2002. The government agreed, but two Danish courts rejected his extradition, saying he would risk torture or other inhumane treatment in India. That led to tense diplomatic relations between the countries.
In June 2023, Denmark again looked into a 2016 Indian extradition request, saying that the requirements in the extradition act had been met.
