[The assurances from Turkey] are so vague as to render them virtually meaningless. They merely paraphrase what is clearly provided for in existing Turkish law. The promise to facilitate Ms. Kesbir’s appearance before a judge [upon return] has little or no bearing on what treatment she will receive at the hands of law enforcement officers once she is in detention, particularly given the absence of supervision of these officers for acts or torture and ill-treatment.227 High Court Halts Extradition: Assurances not Sufficient On January 20, 2005, the Dutch high court concluded that “torture in Turkey is not a thing of the past” and that Kesbir, as a woman and prominent PKK member, could not be extradited because she would be at increased risk of torture during her detention in Turkey.228 Regarding the general assurances from Turkey, the court held: [I]n view of the real risks that she [Kesbir] runs, there can only be a question of adequate assurances if concrete guarantees are given that the Turkish authorities will ensure that during her detention and trial, [Kesbir] will not be tortured or exposed to other humiliating practices by police officers, prison staff or other officials within the judicial system. None of the aforementioned assurances meets this requirement. These assurances imply no more than that [Kesbir] will be treated in accordance with the applicable human rights conventions and Turkish law. So not only do these assurances add nothing to the situation that would have prevailed without them…but they do not offer any solace for the above-mentioned problem that these laws and conventions apparently are not enforced at all times and in every respect.229 Nuriye Kesbir was released from custody on January 20, 2005. The Dutch government, however, appealed the High Court ruling halting her extradition to the Dutch Supreme Court (Hoge Raad). At the time of writing, Kesbir’s asylum process had been suspended pending the outcome of the Supreme Court appeal. The Kesbir decision comes at an important time in the history of Turkish-European Union (E.U.) relations. Turkey periodically seeks the extradition of Kurdish political 227 Letter from Human Rights Watch to Piet Hein Donner, December 17, 2004. 228 De Staat der Nederlanden (Ministerie van Justitie) tegen N. Kesbir, Het Gerechtshof’s Gravenhage, LJN: AS3366, 04/1595 KG, January 20,2005. 229 Ibid., para. 4.4 (unofficial English translation on file with Human Rights Watch). 75 HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)