Hassan Diab freed

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lagatta4
Hassan Diab freed

http://www.cbc.ca/beta/news/politics/hassan-diab-back-in-canada-1.4489738 Ottawa academic Hassan Diab has returned home after a nine-year ordeal, including three years in a maximum-security prison in France.

Diab's supporters in Canada have long argued that he should never have been extradited to a foreign country on the basis of evidence that would not have stood up in a Canadian court.

Judges in France ordered Diab's release on at least eight occasions before he was finally set free, but under the French system prosecutors were able to keep him behind bars by appealing those release orders on grounds that Diab was a flight risk and public danger.

He remained imprisoned despite the fact that he did not match a fingerprint left by the perpetrator of the Paris bombing in 1980, and could demonstrate that he was in fact sitting exams in Beirut at the time it occurred. Both university records, and the stamps in Diab's passport, backed his claims.

Bombing a synagogue is a heinous crime, as are attacks on any place of worship - or for that matter anywhere people congregate. Like recent attacks on mosques and churches by white supremacists, it is also a hate crime. But there is no valid evidence that Dr. Diab committed it.... I wonder if there was some kind of rush to judgement to find a culprit?

alan smithee alan smithee's picture

lagatta4 wrote:

 

.

Bombing a synagogue is a heinous crime, as are attacks on any place of worship - or for that matter anywhere people congregate. Like recent attacks on mosques and churches by white supremacists, it is also a hate crime. But there is no valid evidence that Dr. Diab committed it.... I wonder if there was some kind of rush to judgement to find a culprit?

Mass shootings by white supremacists..Even the mass shooting in Las Vegas a few months ago, are not hate crimes but text book terrorism.

Unfortunately,that term only applies to Muslims. White domestic terror is always downplayed as a lone 'madman'

I find that hate crimes are generally verbal,vandalism and simple assaults.  

Bombing a mosque or any other public building is terrorism. Point final.

Im just putting it out there.

lagatta4

Oh, I agree.

Photos of Hassan Diab's arrival in Ottawa and reunion with his family:

http://www.justiceforhassandiab.org/warm-welcome-for-hassan-at-ottawa-ai...

Glad to be home despite the coldest winter in decades!

http://www.justiceforhassandiab.org/ The Canadian committee; the committee in France is Le comité de soutien à Hassan Diab.

alan smithee alan smithee's picture

Its just too easy and too frequent that Muslims are the sole perpetrators of terrorism.

I think if the NRA still existed and a pub in London was bombed,it would no longer be labeled 'terrorism' . Probably be dismissed as naughty lads up to no good.

Canada extradites citizens way too easily. Especially when it comes to the US. Interesting that Ottawa capitulated to French authorities.Where is the Canadian Charter of Rights when Canadians need it?

lagatta4

Canadian Jewish News has brought out a nasty article continuing to insinuate that Diab was guilty. Based on crap from its counterpart in France, CRIF.

NDPP

French Jews Protest Release of Canadian Accused In Synagogue Bombing

http://www.cjnews.com/news/international/french-jews-protest-release-can...

"CRIF calls on the public prosecutor to appeal the release..."

MegB

lagatta4 wrote:

Canadian Jewish News has brought out a nasty article continuing to insinuate that Diab was guilty. Based on crap from its counterpart in France, CRIF.

Even though it's been proven that he was in another country at the time of the bombing.

lagatta4

Yes, he was in his native Lebanon writing some kind of postgraduate exam. With passport stamps and attestation from the faculty to confirm it.

J'accuse! Framed like Captain Dreyfus on the basis of his cultural-religious affiliations. And I know CJNews will never print that, though it was a classic case of antisemitism against a "respectable" citizen in a "democratic" country.

laine lowe laine lowe's picture

Frightening that such a miscarriage of justice continues to this day - especially when so much evidence was presented that Diab wasn't even in the country. I am so relieved he is finally home with his family and hope he is reinstated at the university where he taught.

NDPP

An earlier CJN article from Nov., 2014 is illustrative of the powerful interests supporting this stitch-up...

Alleged Shul Bomber Extradited To France

http://www.cjnews.com/news/canada/alleged-shul-bomber-extradited-france

"...We are pleased that the highest court in the land will honour the French extradition request and allow the accused to return to France so the victims may have their day in court. Mr Diab will now be able to defend himself before France's judicial system, which is as impartial as Canada's,' said CIJA CEO Shimon Fogel.

'We are pleased that authorities in France and Canada pursued this case even after more than 30 years since the murderous attack on the Paris synagogue. This sends an important message that diligent, committed authorities will never cease in their pursuit of justice against terrorists on behalf of their victims,' Fogel said."

lagatta4

In other words, that they will just grab some random person who happens to be of the wrong nationality or ethnicity...

Unionist

lagatta4 wrote:

In other words, that they will just grab some random person who happens to be of the wrong nationality or ethnicity...

When you say "they" lagatta, whom do you mean? French authorities? Canadian authorities? CIJA? Carleton University? Just curious. This was a huge miscarriage of justice, but I think it's important to identify who was primarily to blame and who just went along for the ride.

lagatta4

I was simply referring to CJNews scapegoating Professor Diab. Yes, of course the Canadian and French authorities are the main culprits.

 

NDPP

Email Trail Reveals How Carleton University Responded To 2009 Hassan Diab Media Storm

http://ottawacitizen.com/news/local-news/email-trail-reveals-how-carleto...

"A Freedom of Information request into the hiring and dismissal of Hassan Diab at Carleton University in 2009 sheds light on the chain of events that led to his termination in a firestorm of controversy...

...On July 28, this newspaper reported that Diab was to resume teaching at Carleton...At 1:40 pm, Jacques Shore, then chairman of the board of governors forwarded an email he had received from Jewish Canada at 12:39 pm to Carleton's then-president, Roseann Runte. The email included a news release from the Jewish advocacy group B'nai Brith..."

lagatta4

What on earth is "Jewish Canada"? Googled it, found nothing, except normal entries about the history of Jews in Canada, Jewish Canadians, etc. No such group.

NDPP

www.jewishcanada.org

Falsely Accused Terrorism Suspect Released After 10-Year Ordeal

http://therealnews.com/t2/story:20984:Falsely-Accused-Terrorism-Suspect-...

"Sociology professor Hassan Diab, who was accused of a terrorist attack in Paris over ten years ago, was just released. Diab talks to TRNN about his ordeal in one of his first interviews upon his release..."

NDPP

Shinewald: My Declaration of Contrition

https://twitter.com/dimitrilascaris/status/1037893921563725825

"Benjamin Shinewald has the decency to own up to the role he played in the persecution of Hassan Diab. Regrettably, CIJA and Bnai Brith do not have that same decency."

NDPP

French Court Orders Hassan Diab to Stand Trial in Terrorism Case, Three Years After He was Set Free

https://www.cbc.ca/news/politics/hassan-diab-france-1.5888310

"The decision of the French court of appeal today is the continuation of a long odyssey of injustice,' his extradition lawyer Donald Bayne, said at a news conference Wednesday..."

Hassan Diab Support Committee reacts to French Court Order

https://youtu.be/xYk7innyR90

"I respectfully submit that no justice system worthy of the name offers an innocent scapegoat to satisfy a demanding lobby..."

laine lowe laine lowe's picture

Wow, this is a shocking reversal. Is there new evidence? How is re-charging him legal?

NDPP

If the government does it, it's legal. If two government's do it, even more so, apparently. No wonder China's somewhat skeptical of Canadian assurances of an 'independent,' 'impartial' extradition process...

Justice For Hassan Diab: Organisations Call for Public Inquiry into Hassan Diab's Extradition Case

https://www.justiceforhassandiab.org/calls-for-public-inquiry

kropotkin1951

laine lowe wrote:

Wow, this is a shocking reversal. Is there new evidence? How is re-charging him legal?

The CBC article says he was never charged in the first place. We sent him to France based on a case that was not strong enough to initiate a prosecution under French law. The CBC piece says they let him go without charging him after three years of investigation while he was imprisoned.

Our bar for extradition is obviously way to low and our federal government needs to revamp that legislation.

NDPP

This from almost exactly a year ago:

Hassan Diab, family launch $90 m lawsuit against government after extradition on terror charge

https://ottawacitizen.com/news/local-news/hassan-diab-family-launch-90m-...

"..A notice of action was filed in court Friday and claims damages for 'negligence, negligent investigation, malicious prosecution, misfeasance in public office, spoilation of evidence, deceit, abuse of process, and intentional affliction of emotional distress.' The notice also alleges Canada's attorney general breached Diab's Charter rights and asks for 'punitive and exemplary damages.'

The notice names Diab, his wife Rania, and the couple's two children ages 5 and 7, as plaintiffs, claiming an abuse of process and the 'intentional infliction of emotional distress.' Diab's legal action comes after an external review of his case concluded that federal lawyers had acted ethically and lawfully in ordering his extradition. The review was conducted by Murray Segal..."

LOL...!

NDPP

Rubber Stamped: The Hassan Diab Story (and vid)

https://www.justiceforhassandiab.org/rubber-stamped

NDPP

Extraditing Hassan Diab a Second Time Would be a Travesty

https://www.theglobeandmail.com/opinion/article-extraditing-hassan-diab-...

"The freedom of one Canadian citizen is again being threatened, and with it the integrity of Canadian democracy. With formal charges being laid against a Canadian citizen by France, Prime Minister Justin Trudeau's ability to stand up in the face of injustice - and in the face of a bullying ally is being put to the test.

In the event that France requests Mr Diab's extradition we call on Mr Trudeau to stay true to his words and refuse...."

Not again. Free Diab.

[email protected]

NDPP

Hassan Diab's French lawyers appeal to the Court of Cassation

http://www.justiceforhassandiab.org/

April 15.

jerrym

Diab has been ordered to stand trial by the French court. What a travesty!

Has anyone started a petition to demand that Trudeau not extradite him? The French court is reacting to  strong pressure from civil society groups rather than evidence.

All the Trudeau Liberal government is saying about the possibility of another extradition is ""It would be inappropriate to speculate on any potential requests for extradition for Dr. Diab to France".

France's top court has rejected Hassan Diab's appeal and ordered the Ottawa academic to stand trial for a bombing outside of a Paris synagogue 40 years ago.

Diab's family and his lawyers confirmed that France's court of cassation rejected their appeal in a written decision this morning. "We are very disappointed, of course. This is a hard turnout," said Amélie Lefebvre, one of Diab's French lawyers. "But we remain confident that Hassan's innocence will be recognized."

In January, France's court of appeal overturned a lower court decision that set the 67-year-old Diab free due to a lack of evidence.

France's Advocate General, a senior officer of the law who offers advice in the French legal system, sided with Diab's defence team in the hearings and argued for his release.

But Diab's release has been opposed by more than 20 civil society groups in France — including victims of terrorism groups and pro-Israel organizations.

Diab's Canadian lawyer Don Bayne said pressure from those groups played a role in today's decision.

"The travesty of justice continues despite clear evidence of Hassan's innocence," he said in a statement.

"This shows how political pressure trumps justice. We call upon Prime Minister Trudeau to put an end to this miscarriage of justice."

The Ottawa university lecturer was accused by authorities of involvement in the 1980 Rue Copernic bombing, which killed four people and injured more than 40. He was arrested by the RCMP in November 2008 and placed under strict bail conditions until he was extradited to France in 2014. He spent more than three years in prison in France before the case against him collapsed.

He was released in January 2018 after two French judges ruled the evidence against him wasn't strong enough to take to trial. He was never formally charged. French prosecutors appealed Diab's release promptly — pursuing it after the last remaining piece of physical evidence linking Diab to the bombing had been discredited by France's own experts. The case moved slowly as prosecutors sought to find new evidence against Diab, and as court proceedings were delayed by the pandemic.

The key physical evidence Canada relied on in extraditing Diab to France was handwriting analysis linking Diab's handwriting to that of the suspected bomber. Canadian government lawyers acting on France's behalf called it a "smoking gun" in the extradition hearing.

But in 2009, Diab's legal team produced contrary reports from four international handwriting experts. These experts questioned the methods and conclusions of the French experts. They also proved that some of the handwriting samples used by the French analysts belonged not to Diab but to his ex-wife. ...

In 2018, CBC News confirmed that France was aware of — and had failed to disclose — fingerprint evidence that ended up playing a critical role in Diab's release. Since his release, Diab has been living with his wife and two children in Ottawa. He has resumed work as a part-time lecturer.

A spokesperson for Attorney General of Canada David Lametti would not comment on any extradition request. "It would be inappropriate to speculate on any potential requests for extradition for Dr. Diab to France," said David Taylor in a statement.

https://www.cbc.ca/news/politics/hassan-diab-france-trial-1.6032288

laine lowe laine lowe's picture

It is a travesty.

NDPP

[quote=laine lowe]

It is a travesty.

[quote=NDPP]

And 'pro-Israel organizations.'

NDPP

Our extradition system is broken and Hassan Diab is paying with his life

https://ricochet.media/en/3653/our-extradition-system-is-broken-and-hass...

"France has shown that in politically charged counterterrorism proceedings, it will hold a Canadian citizen in solitary confinement for years without charge or trial...

'Five French civil organizations presenting as parties before the court petitioned the French appeal court to overturn the decision to release Diab. Among them was the Union liberale Israelite de France - the religious community of the Copernic Synagogue - and the Association francaise des victimes du Terrorisme, which engages as a civil party in terrorism cases and seeks to prevent all forms of terrorism with a focus on fighting 'barbarism' and 'jihadist' terrorism,  according to its website. [But not in Syria where France trained, supported and armed jihadi terrorists along with other western nations in a failed attempt at regime change in Syria.]

The groups who appeared before the court 'have been lobbying long and hard for continued prosecution, even arguing at one point that, 'Okay, the evidence is so weak, he's likely to be acquitted at trial. But we want a trial anyway..."

The calculus is not in his favour. Strong pro-Israel groups wish to make a point, irregardless of actual guilt, the Canadian government is not known to oppose these interests and Canadians en masse are not known to take any interest in such matters. Respect and solidarity for Diab, his family and his stalwart supporters. Please support in any way you can.

Free Hassan Diab!

NDPP

Canada should suspend its extradition treaty with France over the persecution of Hassan Diab

https://buff.ly/2SVKql6

"...And yet, outrageously, here it is, happening again. The court of cassation's decision is perverse, made comprehensible only by the fact that a powerful victims' [Zionist] lobby in France has publicly pressured the government to put someone on trial for the 1980 bombing. The fact that Diab is not even a reasonable suspect in the case seems not to matter..."

Suspend the treaty!

Free Hassan Diab!

[email protected]

jerrym

NDPP wrote:

Canada should suspend its extradition treaty with France over the persecution of Hassan Diab

https://buff.ly/2SVKql6

"...And yet, outrageously, here it is, happening again. The court of cassation's decision is perverse, made comprehensible only by the fact that a powerful victims' [Zionist] lobby in France has publicly pressured the government to put someone on trial for the 1980 bombing. The fact that Diab is not even a reasonable suspect in the case seems not to matter..."

Suspend the treaty!

Free Hassan Diab!

[email protected]

I sent the email to Trudeau. Here's more on ending the extradition treaty with France.

Journalists discovered that fingerprint evidence that excluded Diab from being the bomber had been withheld from the Canadian courts. Prime Minister Justin Trudeau promised to get to the bottom of the case and "make sure this never happens again."

And yet, outrageously, here it is, happening again. The court of cassation's decision is perverse, made comprehensible only by the fact that a powerful victims' lobby in France has publicly pressured the government to put someone, anyone, on trial for the 1980 bombing. The fact that Diab is not even a reasonable suspect in the case seems not to matter.

The prime minister recently claimed that Canada was "standing up" for Diab, as it would for other citizens targeted for unfair prosecution by foreign states; but it is not clear what is being done, and in any event, it appears it is not working.

It is time that the government of Canada took both diplomatic and legal steps to push back against France's unfair and unlawful pursuit of a Canadian citizen. Such steps would be unusual and would have to be cautiously applied, since governments do not lightly interfere with how foreign states administer their criminal law, particularly when those foreign states are historical allies like France. But this is an unusual case, and there are international law considerations that Canada can bring into play, if it has the political will to protect its citizen.

France is arguably in breach of the United Nations International Covenant on Civil and Political Rights (ICCPR), under which it is obliged both to ensure fair criminal investigation and trial procedures, and to send people to trial within a reasonable time. These are obligations owed to Canada, which is also a party to the treaty, and neither seems to have been complied with here.

https://rabble.ca/news/2021/06/canada-should-suspend-its-extradition-tre...

 

NDPP

TRNN: France's attempts to extradite Hassan Diab have chilling implications

https://therealnews.com/frances-attempts-to-extradite-hassan-diab-have-c...

"The French government has renewed its attempts to extradite professor and exonerated  terrorism suspect Hussan Diab. Canada's government must oppose any effort to extradite professor Diab..."

This is an act of  continuing western Islamophobia just as surely as a Canadian pickup truck mowing down an innocent family.

laine lowe laine lowe's picture

True enough, NDPP. I hope Canada will reconsider being complicit in this sham. France has been the worst offender among the western governments when it comes to Islamophobic policies and laws.

NDPP

The case of Hassan Diab: A 3-part podcast series

https://podur.org/2016/12/03/the-case-of-hassan-diab-a-3-part-podcast-se...

"This is a 3 part podcast series on the case of Hassan Diab, a Lebanese-Canadian sociology professor extradited from Canada and currently in a French jail, accused of a bombing in Paris in 1980."

Two Fabricated Extradition Cases with Different Results:

https://twitter.com/justinpodur/status/1445425215685726210

"Meng Wanzhou had China behind her and her ordeal is over now after 3 years. Hassan Diab has Canada, and his ordeal is 14 years and counting."

jerrym

Experts believe Hassan Diab will be extradited to France by the Trudeau Liberal government again where he will wait years for his trial because the Canadian government is afraid of offending the French instead of protecting the rights of Canadian citizens, especially if they are from minority groups. 

Sometime in the near future — nobody knows precisely when — an innocent man and Canadian citizen faces a possible second extradition which would plunge him headfirst into the nightmarish French legal system. This time, Hassan Diab, a Lebanese-born sociology professor, might not return to his family or teaching job at Carleton University in Ottawa.

What is unique here is France’s desire to have Diab face criminal prosecution before its single national court for all terrorist offences — the special Assize Court of Paris.

Diab is likely facing stale evidence from French prosecutors and police going back to 2008, some of it based on secret intelligence obtained through torture. All of it was subsequently discredited by both French and Canadian investigators, the latter including the RCMP.

Legal and human rights experts in Canada are expecting another miscarriage of justice. “We’re quite confident now that the French legal system is biased against [Diab] personally. Now, that’s what is so shocking about this case,” says Rob Currie, a Dalhousie University law professor and an expert on extradition law.

The special Assize Court was established in France in 2019 as part of its series of emergency powers to deal with a spate of largely radical Islamist terrorist attacks which are a byproduct of a national failure to come to terms with a legacy of colonialism, racism and Islamophobia. ...

Roger Clark, a former Amnesty International Canada Secretary-General, estimates that before this court was set up in 2017, there were almost 500 cases involving about 1,500 people charged with terrorism. He expects that Diab, now in his late 60s, may wait years before it is his turn to have his case heard in Paris....
The 1999 Canadian extradition legislation passed in Parliament in Canada is in urgent need of serious amendments to avoid this scenario happening again, says Rob Currie. He maintains that there must be better assurance that the trial of an accused Canadian in a foreign state take place in a timely fashion. ...
Tim McSorley, the national co-ordinator for the ICLMG, worries that a risk-averse Canada is not up to the task of defying France. “I believe that Canada wants to maintain good relations with France. They are worried about a conflict with France over this. They don’t want to be seen as criticizing France s legal system,” he says.

https://rabble.ca/human-rights/experts-fear-canada-will-extradite-hassan...

laine lowe laine lowe's picture

When will they leave this man alone and release him from this injust hamster wheel of prosecution for a crime where his innocence has been proven over and over again. What is this fixation? 

NDPP

After he was 'freed' the Zios again pressured France/Canada to try again. Please sign the Petition:

Protect Hassan Diab from Further Injustice. Say NO to any future request for Hassan's extradition

https://you.leadnow.ca/petitions/pm-trudeau-protect-hassan-diab-from-fur...

"Following the return of Dr Diab to Canada in 2018, PM Trudeau said: 'I think for Hassan Diab we have to recognise first of all that what happened to him should never have happened [...] and make sure it never happens again.'

Mr Trudeau must honour his own words and protect Hassan. The unfair trial of an innocent Canadian citizen cannot be tolerated. PM Trudeau and the Canadian government must put an end to this continuing miscarriage of justice and refuse any further request for Hassan Diab's extradition..."

[email protected]

jerrym

Supporters of Hassan Diab are urging the Trudeau government not to extradite him again. Why do they even have to say anything in this ridiculous Kafkaesque case?

The extradition law has to be reformed.  The Trudeau government also needs to learn how to say no.

Earlier this month, supporters of sociology professor Dr. Hassan Diab held a press conference calling for an end to his unjust persecution by the French government.

Diab’s ordeal dates back to 2008, when France requested his extradition from Canada, alleging he was involved in the 1980 Paris synagogue bombing. In 2012, Diab was ordered to be extradited to France to stand trial on terrorism charges. He was transferred into the custody of law enforcement in France in 2014. 

The extradition took place despite the extradition judge calling into question the legitimacy of the prosecutor’s evidence and called the chances of Diab being convicted “unlikely.” Despite his findings, he would go on to rule that Canada’s extradition law required him to go ahead with the process anyway.

Diab was forced to spend the 38-month wait for his trial behind bars. The charges were dropped in January 2018 due to what judges called “a lack of evidence” and he returned to Canada.

But that was just the beginning of the professor’s persecution by the criminal justice system in France, who were determined to hold Diab responsible for the bombing whether he was guilty or not. 

Diab, who has asserted he was in home country Lebanon at the time of the bombing, found himself back in the courtroom after an appeals court in Paris reversed the dismissal and ordered a trial in early 2021. That’s despite prosecutors admitting they have doubts about Diab’s involvement in the bombing.

A miscarriage of justice and the scapegoating of Hassan Diab

The November 14 virtual press conference brought attention to the professor’s upcoming trial in absentia in France, which is scheduled to begin in April 2023, and the renewed efforts calling on the Trudeau government to reject a second extradition in the likely event of a request by France.

The press conference marked the eighth anniversary of Diab’s extradition and calls for an end to what supporters consider “a miscarriage of justice.” 

Hosted by the national coordinator of the International Civil Liberties Monitoring Group, Tim McSorley, the virtual event brought together Dalhousie University law professor Robert Currie, and Diab’s Canadian lawyer Donald Bayne, as well as members of the Hassan Diab Support Committee.

“I remember the powerful and emotional moment when Hassan returned to Canada and was freed from prison in France,” McSorley said. “The fact that France could now proceed to trial is the height of political cynicism and scapegoating.”

For former secretary general of Amnesty International Canada Alex Neve, Diab’s continued persecution despite credible evidence suggests “there is no space for truth, evidence, common sense, fairness, or respect for fundamental human rights.”

Roger Clark, member of the Hassan Diab Support Committee and former secretary general of Amnesty International Canada, noted that much of Diab’s time in custody was spent in solitary confinement, despite having never been officially charged or had the chance to face trial.

Clark recalled three key statements the judge made in his decision to extradite Diab, including referring to the French expert handwriting report as “convoluted, very confusing, with conclusions that are suspect.” 

Additionally, the judge wrote “the evidence tips the scale in favour of committal is the handwriting comparison evidence,” before going on to call the case presented by France “weak.”

He pointed out that the handwriting evidence has been discredited, not only by international experts who testified on Diab’s behalf, but also by a final expert analysis commissioned by the French court of appeal itself. 

“Without the so-called handwriting evidence submitted by France in its extradition request, Hassan would never have been extradited, would never have endured the torment of the last 15 years, and would be free of the anguish still suffered by him and his family,” the judge’s decision goes on to read.

Diab’s persistent courage speaks volumes to supporters

Calling the persecution an “ongoing nightmare,” fellow Hassan Diab Support Committee member Jo Wood worries Canada will cave in to another extradition request by France, noting “silence ratchets up the fear.”

“While there is not a shred of evidence against him, he cannot — based on past experience and the political climate — expect the outcome of this trial to be fair,” Wood said. “Fear and dread weigh heavily, made worse by the federal government’s silence in terms of protecting him from further extradition.”

Wood highlighted the courage and resilience of Diab and his wife Rania, praising their perseverance in giving their two children — 10-year-old Jenna and 7-year-old Chad — a wonderful life.

“They refuse to give up or be seen as victims, though they truly are,” Wood said. 

The need for extradition law reform

Currie, who teaches at the Schulich School of Law in Halifax, has a personal stake in Diab’s case. The professor has spent several years working on “a very serious law reform effort,” one that’s directly related to Canada’s extradition laws and practices. His work is centred around the country’s treaty relationships and the way they are both dealt with and arranged. 

He pointed out one way cases like Diab’s can be avoided is if the federal government sought to apply the Canadian Charter of Rights and Freedoms to the extradition act. Currie also believes there needs to be more transparency in the country’s international cooperation efforts.

“I think I can say quite safely that this law reform effort is easily premised on one point, which is that an illegal system that would result in the horrendous situation that we’ve seen Dr. Diab and his family being placed in, is a legal system that needs to be changed and to be reformed,” Currie said.

While he hasn’t yet been asked to participate, Currie is pleased to hear the House of Commons justice committee is considering a study on extradition reform, and hopes he can take part in the crucial and necessary work to bring procedure and fairness back to extradition laws.

A word from Diab’s lawyer

Crediting Deputy Prime Minister Chrystia Freeland for her efforts in bringing Diab back to Canada, Bayne pointed out Trudeau himself promised upon Diab’s return that what happened to him must never be allowed to happen again.

Bayne’s message to the federal government is simple: The evidence was unreliable then, and it’s unreliable now. Pitting a demonstrably innocent man between two governments who are vastly outnumbered in terms of financial and legal resources, Bayne said, would mean Trudeau has gone back on that promise.

https://rabble.ca/human-rights/hassan-diab-supporters-urge-government-to...

 

jerrym

Hassan Diab is being tried in France in absentia again. The Canadian government should refuse to turn him over considering the numerous ways in which the French legal system has abused him, including placing him jail for three years, then setting him free when two judges concluded that any of the evidence held up and numerous witnesses testified he was writing exams in Lebanon at the time of the bombing. 

28 March 2023, Ottawa – The baseless and shameful trial in absentia of Dr. Hassan Diab

opens in a Paris anti-terrorist court next Monday (3 April 2023). This wrongful prosecution is

a clear distortion of justice and confirms the French authorities’ obsession with finding Dr.

Diab guilty of the horrendous bomb attack that took place outside a Paris synagogue over 42

years ago.

14 November 2014, Dr. Hassan Diab was under arrest and on a plane to Paris, extradited by

Canada at the request of the French government. On 14 January 2018, he was on a plane

heading back home to Canada. More than three harrowing years in a Paris maximum security

prison were over. The French investigative judges,

Jean-Marc Herbaut and Richard Foltzer

Juges d

instruction anti-terroristes”), responsible for

his case, had determined that there was

no evidence on which to base a trial and ordered Dr. Diab’s immediate release. All the so-called

‘evidence’

, presented by France to justify Hassan Diab’

been withdrawn, discredited, or rejected. The crucial alibi evidence, that he was in Beirut at the

s extradition on 14 November 2014, had

page1image4098586080

time of the bomb attack, was unambiguous and was accepted as such by the investigative

judges. It was confirmed in official documents provided by the university in Beirut and in

witness statements taken from several students who were Hassan’s contemporaries.

Prime Minister Justin Trudeau, commenting publicly a few months after Dr. Diab’s release and

page1image4098627712

return to Canada,

page1image4098630400 page1image4098630688

(Faculty of Law, Dalhousie University), an acknowledged authority on the subject, has made it

s extradition laws, rather than using fair process and some assurance

Rob Currie

very clear that “Canada

that the foreign prosecution is in good faith, are geared towards facilitating extradition at

nearly any cost. The Diab case shows the tragic but logical outcome of how these laws work—

Canada

s process has facilitated a trumped-up prosecution based on what even the French

courts acknowledge is a fatally weak case. France is not a good extradition partner for Canada.”

The recent hearings by the House of Commons Committee on Justice and Human Rights in its

study of “Extradition Law Reform” is a further reflection of the urgency of this work.

page1image4098723360

1

The cruelty of this ongoing nightmare is unimaginable. Don Bayne, Hassan’s Canadian lawyer,

describes the ordeal faced by Hassan and his family as “one of injustice piled on injustice. In a

very real way, and especially given the completely unreliable French handwriting opinion

evidence, Hassan’s case is a replay of the infamous Dreyfus case in France [1894-1906: this

remains one

of the most notable examples of a complex miscarriage of justice and antisemitism].

Except in Dreyfus, an influential French voice, that of Émile Zola, cried out for

justice. Where, today, is there an Émile Zola to decry this politicized prosecution to please

certain groups after the French investigative judges conclusively found that there was no

evidence to justify a trial and overwhelming independent evidence of innocence?”

Nothing new has been brought forward by the French prosecutor. On the other hand, the alibi

evidence, confirmed by the two investigative judges, which placed Dr. Diab in Beirut at the time

of the 1980 Paris bombing, has proved unshakable. Amnesty International’s Secretary General,

Agnès Callamard, wrote to the Prosecutor of the Anti-terrorist Court, Jean-François Ricard, over

a year ago (20 January 2022) asking that all charges against Hassan Diab be dropped

(“l’abandon des charges contre Hassan Diab [...] et de mettre fin aux poursuites judiciaires à son

encontre”). https://www.amnesty.org/fr/documents/eur21/6545/2023/fr/

There has been no reply to or acknowledgment of Amnesty International’s concerns.

Consequently, a public statement was issued by the international human rights organisation on

15 March 2023: France: Resumption of baseless and flawed Hassan Diab prosecution

undermines effective justice for victims of 1980 synagogue bomb attack”. Amnesty

International specified that to proceed with the case, after such prolonged and deeply flawed

proceedings over so many years, and in the absence of reliable evidence to support the

charges, would be in breach of France

s binding international human rights obligations.

https://www.amnesty.ca/human-rights-news/france-hassan-diab-flawed-prose...

https://www.amnesty.org/en/documents/eur21/6546/2023/en/

For more information:

page2image4100908272

It is essential that everything possible be done to ensure that this scapegoating and

miscarriage of justice are ended. The Canadian Government must immediately make it clear

that any future request for Hassan Diab’s extradition to France is unacceptable and will not

be entertained.

https://www.justiceforhassandiab.org/wp-content/uploads/2023/03/Media-St...

jerrym

The retrial of Hassan Diab highlights the failure of Canada's extradiction because it provides no protection to Canadian citizens from foreign countries that abuse the treaty. 

The French trial in absentia of Ottawa academic Hassan Diab is renewing attention to Canada’s extradition law, which critics say is unfair and needs reform amid a parliamentary study of the issue. The law makes it almost impossible for judges to refuse to send accused abroad to face charges, several witnesses in February told the House standing committee on justice and human rights, which is examining whether the process treats accused fairly.

The committee has been urged to recommend changes to the current process that requires a judge to order an accused extradited except in cases where the judge concludes the evidence in the case put forward by the country seeking extradition is “manifestly unreliable.” “‘Manifestly unreliable’ has become a bullet proof test so there is no way for a person to demonstrate that whatever’s put in that record of the case doesn’t justify extradition,” lawyer Donald Bayne told The Globe and Mail in an interview.

Mr. Bayne testified in front of the parliamentary committee in February and represents Mr. Diab – the Carleton University instructor who since last week has been on trial in absentia in Paris in connection with a 1980 synagogue bombing. Canada extradited Mr. Diab in November, 2014, to France, where he spent three years and two months in prison. In January, 2018, two investigative judges ordered his release owing to strong evidence that he was in Lebanon when the bombing occurred. He subsequently returned to Canada. But an appeal of that decision was upheld, and Mr. Diab is now on trial again, although France has not sought extradition this time around. Mr. Bayne expects France will once again request Mr. Diab’s extradition if he is found guilty.

New Democrat MP Randall Garrison, who sits on the standing committee, pushed last year for the study of Canada’s extradition law. Mr. Diab is “kind of the poster case for how bad our system is, but it’s not the only case where there are clear problems with the way we treat extradition,” Mr. Garrison said, pointing to Canada’s high extradition rate. “It’s pretty clear why that happens and we need to reform.” Before someone can be removed from Canada at the request of a country with which it has an extradition treaty, a judge must evaluate a summary of evidence provided by the foreign state seeking the extradition. The judge then decides if the accused’s actions would be considered a criminal offence if it occurred in Canada.

But the judge’s role is not to evaluate the evidence.

Extradition requests are managed by the International Assistance Group, housed in the Department of Justice. Janet Henchey, director general and senior general counsel for the IAG, testified at the February hearings that evaluating evidence threatens the speed of extradition. “The really important principle of extradition … is that extradition is not a trial,” Ms. Henchey said. “By calling witnesses and cross-examining witnesses and turning the extradition process into a trial, we are actually delaying the person from accessing justice.” She also said Canada has one of the most rigorous extradition systems in the world, especially compared to some countries that require no evidence. “It would be wrong to suggest that the Canadian extradition system is some kind of Wild West of extradition and that around the world everyone else has greater rights.”

Most of the evidence presented in Mr. Diab’s 2014 extradition case was rejected as unreliable by Ontario Superior Court Justice Robert Maranger. He described a handwriting analysis allegedly linking Mr. Diab to a local hotel before the bombing as “convoluted, very confusing, with conclusions that are suspect.” But Justice Maranger said he had no choice but to move forward with the extradition request because he could not describe the evidence as “manifestly unreliable. As a guy who’s been 51 years in the criminal justice system in this country, my perspective is that this is the most unfair process and law that I’ve encountered in that half century,” Mr. Bayne said at the House committee meeting February.

Rania Tfaily, Mr. Diab’s wife, told the committee the process puts the onus of proof that the evidence is faulty on the accused, rather than the state requesting extradition. She called that a “travesty of justice.” After a judge rules on extradition, the final decision is left up to the federal minister of justice.

The committee also heard calls for Canada’s extradition law to include more consideration of the human-rights records of the countries requesting extradition. Other witnesses complained Canada’s concerns about aggravating its relationship with requesting countries plays too much of a role in the process.

Mr. Garrison anticipates the committee’s report will call for comprehensive reform of Canadian extradition policy. He expects the report to be tabled in the House by the summer. “I am disappointed how long it’s taking,” he said. “But we are getting things done in this minority Parliament and hopefully getting this report to the government will encourage them to act.”

https://www.theglobeandmail.com/canada/article-hassan-diab-trial-puts-ca...

NDPP

CONVICTED!

jerrym

Diab faces the injustice and politics of the French court system while the Trudeau Liberals dance around the issue of allowing a Canadian to be extradited, spend three years in prison, have French judges investigate him for three years, conclude he is innocent, and years later retry him. It smacks of the treatment of Dreyfus in the early 1900s when a Jew ran afoul of the French courts. 

NDPP

Protect Dr Hassan Diab From This Outrageous Miscarriage of Justice

https://www.justiceforhassandiab.org/protect-dr-hassan-diab-from-this-ou...

"On April 21, 2023, the nightmare that Dr Hassan Diab and his family have endured for over 15 years was prolonged further by the guilty verdict produced by an unfair trial at the Court of Assize in Paris.

The Court ignored all exonerating evidence, including Hassan's alibi and the fact that his fingerprints and palm print do not match those of the suspect.

Prime Minister Trudeau, commenting publicly a few months after Dr Diab's release and return to Canada  noted that 'what happened to Hassan Diab never should have happened,' and promised to 'make sure that this never happens again.' (June 18, 2018)

The time is now for Canada to make the Prime Minister's commitment a reality. Canada must make it absolutely clear that no second request for the extradition of Dr Diab will be accepted. There must be no further miscarriage of justice!"

Justin Trudeau: DO NOT EXTRADITE HASSAN DIAB!

[email protected]

 

Please forward and distribute this breaking information across all your progressive circles and networks.

NDPP

French Court Sentences Ottawa Academic To Life in Prison For Synagogue Bombing

https://youtu.be/W9jnTSxsxcA

"A French court has found Ottawa academic Hassan Diab guilty in absentia on terrorism charges."

'The head of the Representative Council of French Jewish Institutions (CRIF) welcomed the conviction on Friday saying 'Justice was finally served' and urging Canada to cooperate...' - Al Jazeera

Justin Trudeau is not known to withstand pressure from this lobby. He must be made to do the right thing, reject any extradition request, and honour his words to do so.

NDPP

David Lametti, AG of Canada

[email protected]

No Extradition of Dr Hassan Diab!

NDPP

Bumped because more should take an interest.