A Danish court has denied India’s request for the extradition of Niels Holck, a Danish national accused of involvement in the 1995 Purulia arms smuggling case. The court, ruling on Thursday, stated that Holck’s extradition to India could lead to a violation of his human rights. This decision marks the latest setback for India in its long-running pursuit of Holck’s extradition.
Holck, 62, has been accused of playing a crucial role in the smuggling of four tons of weapons into West Bengal, India, in 1995. He confessed to parachuting the weapons into the state, claiming to have aided local residents fighting against government authorities. He was part of a group of seven individuals who smuggled the weapons aboard a Russian cargo plane on December 17, 1995.
Holck was apprehended in Denmark in April 2010 following an agreement between Danish and Indian authorities concerning his extradition. This agreement included assurances that Holck would not face the death penalty in India and would serve any sentence in Denmark. However, a Danish district court overturned this decision in 2011, citing concerns about potential mistreatment of Holck in India.
The court’s decision to deny extradition in 2023 stems from concerns that sending Holck to India would violate Denmark’s extradition act and the European Convention on Human Rights, specifically Article 3, which prohibits torture or inhuman or degrading treatment. This concern persists despite India’s diplomatic reassurances that Holck would be housed in a specially designated detention center during the legal proceedings in India, where he would be accompanied by Danish police observers.
The Purulia Arms Drop, the incident at the heart of this case, occurred on December 17, 1995, in the Purulia district of West Bengal. Weapons were dropped from an Antonov An-26 aircraft before being intercepted by an Indian Air Force aircraft. Five Latvian citizens and Peter Bleach, a British citizen and former Special Air Service officer, were arrested in connection with the incident. However, the alleged organizer, known as ‘Kim Davy’ or Niels Christian, managed to escape.
India’s initial request for Holck’s extradition was made in 2002. While the Indian government agreed to the terms of the extradition, two Danish courts subsequently rejected the request, citing concerns about the potential for torture or inhumane treatment of Holck in India. In June 2023, Denmark once again reviewed India’s 2016 extradition request, deeming that the requirements of the extradition act had been met. However, the recent court decision has once again thwarted India’s attempts to extradite Holck.
