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Denmark stands by ruling not to extradite gunrunner to India
by Staff Writers
Copenhagen (AFP) July 7, 2011

Denmark's top prosecutor said Thursday he would not appeal a court ruling denying an Indian request to extradite a Danish gunrunner who parachuted tonnes of weapons into West Bengal in 1995.

"My decision means that the High Court (appeals court) verdict not to extradite Niels Holck stands," Danish attorney general Joergen Steen Soerensen said in a statement.

"Both the lower court and the High Court have conceded that extradition to India would contravene the extradition law, which says that extradition cannot take place if there is a danger that a person, after being extradited, risks torture, inhumane or degrading treatment or punishment," Soerensen said.

Soerensen said he understood the attention the case had received in both Denmark and India, but maintained there was no reason to seek appeal to the Supreme Court.

His decision conclusively reverses a Danish justice ministry decision in 2010 to allow Holck's extradition to India to face charges of parachuting four tonnes of anti-tank missiles and other weapons into the Indian state of West Bengal in 1995 to help locals fight against the government.

Holck, 49, who has admitted his part in the operation, was arrested in April 2010 after Denmark reached a deal with India over terms of his extradition, including a promise he would not be given the death penalty and would serve any sentence in Denmark.

Holck said Thursday he was overjoyed at Soerensen's decision.

"My arms are in the air and my feet are above the ground," he told Danish paper of reference Politiken.

"It is difficult to describe how I have had to think that I would perhaps die, but then to get my life back. It takes time to get used to life again," he said.

On Wednesday, Indias Home Affairs Minister P. Chidambaram said India was seeking "to impress upon the Danish government it must file an appeal and try to get a verdict that will enable his (Holck's) extradition to India".

Chidambaram rejected the Danish court's fears that Holck could be mistreated.

"If he is extradited, he will be tried in an open court, he will have consular access," he told reporters, adding: "These apprehensions of mistreatment are completely unfounded."




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