The Hillerod District Court in Denmark on Thursday rejected an Indian extradition request in the trial of Danish citizen Niels Holck.

Indian authorities allege the 62-year-old is a terrorist who supplied West Bengali rebels with arms to fight government troops in 1995.

The court, which was solely ruling on whether to extradite, and not over guilt or innocence in the case, said that to deliver Holck would violate Denmark’s extradition act due to a risk that he would be subjected to treatment in breach of the European Convention on Human Rights.

“The guarantees India has provided are not valid,” said defense lawyer Jonas Christoffersen.

Prosecutors now have three days to appeal the decision.