KurdistanObserver.com

Dutch Court Blocks Extradition Of Kurdish Rebel

THE HAGUE, Jan 20 (Reuters) - A Dutch appeals court upheld a decision on Thursday blocking the extradition of a Kurdish rebel leader to Turkey, saying she ran the risk of being tortured.

Last November, The Hague district court blocked the extradition of Nuriye Kesbir, ruling that the Netherlands could not be certain she would receive a fair trial in Turkey, prompting an appeal by the Dutch government.

The Hague appeals court rejected the government challenge in a ruling greeted by loud cheers from Kesbir's supporters, friends and family inside and outside the court.

The government said last year it supported her extradition after Turkey gave an assurance that Kesbir would receive a fair trial and would be treated in line with international law.

Ankara accuses Kesbir of organising and taking part in attacks in southeast Turkey in 1993-95 and of being part of the leadership of the Kurdistan Workers Party (PKK) guerrilla group.

Turkey also accuses her of training women PKK fighters and of planning and launching armed attacks resulting in 144 deaths. She has denied the charges but confirmed holding a leadership position in the PKK.

"The court's decision is that Kesbir as a woman and a prominent PKK member runs increased risk of being subjected to torture during her detention in Turkey," the appeals court said.

"The court acknowledges that the Turkish government has recently made important improvements in the field of human rights, but at the same time the court notes that torture is not yet a thing of the past.

"The pledges made by Turkey up to now are too general and not concrete enough to exclude the risk of torture."

"Apparently there is a discrepancy between what the Turkish government wants and what happens on a lower level in prisons and police stations," the judges said.

Turkey has approved a flurry of human rights reforms in its drive to join the European Union, including clamping down on torture and extending cultural rights to Kurds.

The Dutch government said it would study the ruling and consider its options, including going to the Supreme Court, the highest court in the Netherlands. The Turkish embassy in The Hague could not be reached for immediate comment.

Kesbir was arrested after arriving in the Netherlands in September 2001. She was denied political asylum and has been fighting extradition proceedings ever since. Her lawyer Victor Koppe said he hoped she would be freed next week.