Danish court rejects Davy extradition
A five-judge special bench of Denmark high court at Copenhagen today refused to order extradition of Kim Davy alias Niels Holck, the main accused in 1995 Purulia armsdrop case.india Updated: Jul 01, 2011 01:47 IST
The Denmark high court on Thursday has refused to extradite Kim Davy, 49, prime accused in the 1995 Purulia arms drop case, expressing apprehension that he may be subjected to torture in India.
A CBI spokesperson said: “The plea has been denied on grounds of jail conditions and human rights issues, which is outside the purview of the investigation agency.”
The Danish government is likely to move the country’s supreme court.
The CBI had approached KG Balakrishnan, National Human Rights Commission (NHRC) chairman and former Chief Justice of India, to seek an assurance in writing about Davy’s safety for submission in Danish court, said an official from the agency. “But our request was refused. We were told the NHRC could not intervene in a matter that was strictly between two countries,” the official said. Balakrishnan was not available for comments.
A five-judge special bench in Copenhagen pointed out that India has not ratified the UN torture convention, an international human rights instrument meant to prevent torture.
“There is a real risk that Davy, if he is extradited to India, will be subjected to torture or any other inhumane treatment in violation of the European Human Rights Convention, Assurances cannot be considered adequate to protect Davy,” the court said.
Reports from human rights organisations indicate that in India, “there is a systematic use of torture and inhuman treatment of persons in police custody as well as serious problems with murders,” the court said.
On April 9, 2010, the Danish justice ministry ordered the extradition of Davy for trial in Kolkata. Challenging this, Davy moved a local court in Hillsboro, which ruled in his favour in November 2010. The Danish government then appealed to the high court.
On May 18, the judges summoned Peter Bleach, a British national involved in the case, to give evidence. Bleach had spent eight years in a jail in Kolkata and had contracted tuberculosis before being released in 2004 by a Presidential pardon.
“I was asked about the conditions in jail,” Bleach told HT from London, “I did not embellish anything.”