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Letter to the Editor
The Toronto Star, April 21, 2012
Re: Ottawa prof ordered to face French bomb counts, April 6
The impending extradition to France of Dr. Hassan Diab is further evidence of our government’s willingness to have Canadian citizens played as pawns in the machinations of the global “war on terror.”
Justice Minister Rob Nicholson has upheld Diab’s extradition order despite serious concerns about due process. Diab has not been charged, some of the evidence against him may have been obtained by torture, and the evidence presented against him has been judged faulty by Canadian courts.
Unless we treat Dr. Diab’s extradition as an attack on the rights of all Canadians, we implicitly accept a double standard, whereby a citizen’s name, colour, faith or country of origin become liabilities as our government weighs the protection of individual rights against considerations of political expediency.
Dr. Alex Latta and Dr. Ali Zaidi, Department of Global Studies, Wilfrid Laurier University, Waterloo
See the letter at:
http://www.thestar.com/opinion/letters/article/1165624--prof-s-treatment-appalling
Letter to the Editor
Vancouver Sun, April 11, 2012
Justice Minister Rob Nicholson's decision to surrender Hassan Diab for extradition is terrible news for Canadians who care about justice.
Because France has not decided whether to put him on trial, he may languish in pre-trial detention for years on mere suspicion while the ongoing 32-year-old investigation continues.
Given recent revelations from the Harper government, it comes as no surprise that Minister Nicholson did not seek assurances that French authorities will not use anonymous and unchallengeable intelligence produced under torture as "evidence" against Diab. Nevertheless, Minister Nicholson should have sought assurances that Diab would be allowed to challenge the French handwriting reports, which were found by international experts to be deeply flawed.
The extradition judge's statement last year that the case against Hassan would be tossed out of a Canadian court demonstrates conclusively that our extradition laws are urgently in need of reform.
Sid Shniad, Surrey
See the letter at:
http://www.vancouversun.com/news/Extradition+Canadian+shows+need+reform/6440312/story.html
Letter to the Editor
Ottawa Citizen, April 10, 2012
Re: 'We expected this decision, but not this way,' April 6.
I've followed the Hassan Diab case closely and am shocked that Minister Rob Nicholson signed the
extradition order in the light of such flimsy, if not non-existent, evidence.
Of particular concern to me is the fact that Diab has not been allowed to present evidence that clearly
shows he is not the man they are after, particularly the fact that his palm and thumb prints do not
match those taken from the crime scene. Even worse, it has come to light that Diab is only wanted for
questioning. Let the French authorities come here and ask their questions. Canada does not
extradite for questioning, only for trial.
Jo Wood, Ottawa
See the letter at:
http://www.ottawacitizen.com/opinion/Flimsy+evidence+presented/6432964/story.html
Dear friends and supporters,
It is a sad day for justice in Canada. As you may be aware, Justice Minister Rob Nicholson recently decided to surrender Dr. Hassan Diab to extradition; see Ottawa Citizen coverage.
We are asking you to raise your voice against this unjust decision by writing to your local (or national) newspaper. In your letter, please consider the following points.
- It is shocking that France has not yet charged Hassan or decided whether to put him on trial, meaning Hassan may languish in pre-trial detention for years on mere suspicion while a 32-year-old investigation drags on.
- It is unacceptable that Minister Nicholson did not seek assurances that France will not use anonymous and unchallengeable intelligence - that may be the product of torture - as trial "evidence" against Hassan.
- Minister Nicholson should have sought assurances that Hassan would be allowed to effectively challenge the French handwriting reports, which were found by international experts to be deeply flawed.
- Minister Nicholson should have sought assurances that Hassan would be allowed to present exonerating evidence, such as the fact that his palm and finger prints do not match those of the suspect.
- The standard of evidence for extradition from Canada is outrageously low and does not meet the standards for fair trial. The case against Hassan would be tossed out of court if he were tried in Canada.
- It is unacceptable that Canada’s extradition treaty with France is one-sided, in that France does not extradite its own citizens.
Short letters (approximately 100 words) have the best chance of getting published. Be sure to include your name, postal address, and daytime phone number, and write "letter to the editor" in your subject line.
Here is a partial list of newspapers:
BACKGROUND
On April 4, 2012, Justice Minister Nicholson signed an order surrendering Hassan to France, despite recent information that Hassan is wanted in France for mere questioning and that no decision has been made about whether to try him or not.
This deeply disappointing decision highlights problems with the extradition process in Canada which has stripped Hassan of his rights as a citizen and deprived him of his liberty.
Mr. Donald Bayne, Hassan’s lawyer, pointed out that a Canadian citizen cannot be surrendered to a foreign country for mere questioning, where he may languish in jail for years in pre-trial detention. The foreign country must charge a person and decide to put him on trial before making an extradition request.
Mr. Bayne also pointed out that the case against Dr. Diab is anchored in unsourced and anonymous intelligence assertions that cannot be challenged in court. Human Rights Watch and other human rights organizations have criticized France for running unfair trials based on intelligence that may be the product of torture.
In making his surrender decision, Minister Nicholson stated that he is interpreting Canada’s Extradition Act in a “flexible manner”. He refused to seek assurances from France that intelligence would not be used as evidence against Hassan if he were put on trial, even though the Supreme Court of Canada, as well as the report from the Arar Inquiry, have highlighted the dangers of relying on intelligence as evidence and the risk that this could lead to wrongful conviction.
The Minister also refused to seek assurances that two discredited handwriting reports that relied on samples that were not written by Hassan would not be used at trial. He also refused to seek assurances that Hassan would be afforded the opportunity to challenge a third handwriting report that the extradition judge described as “very problematic”, “very confusing”, “very convoluted”, and with “suspect conclusions”.
The Minister’s decision sends the message that a Canadian can be forcibly shipped to a foreign country and allowed to languish for years in pre-trial detention based on mere suspicion, and that Canada will not even seek assurances that a fair trial be held.
Hassan Diab Support Committee
Web: http://www.justiceforhassandiab.org
Email: diabsupport@gmail.com
Facebook: http://www.facebook.com/group.php?gid=159101029758
Twitter: http://twitter.com/friendsofhdiab
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