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The French Embassy in Ottawa, the Centre for Israel and Jewish Affairs, and the manager of the synagogue on Rue Copernic have implied that the upholding of the extradition order against Dr. Hassan Diab does not assume his culpability and that Diab will be able to defend himself before France’s judicial system, which they say is as impartial as Canada’s.
If the French judicial system is impartial and just, and Dr. Diab is presumed innocent until proven guilty:
- Why did they whisk him off within 20 hours on the eve of his daughter's second birthday without the decency of letting him say goodbye to her and his expecting wife?
- Why did a Canadian judge say in a Canadian court that the evidence against him was convoluted, weak, very confusing and with conclusions that are suspect and likely wouldn't stand up in a Canadian court?
- Why does Human Rights Watch note that in France “decisions to arrest suspects and place them under formal investigation are based on a low standard of proof”, and lawyers complain “that the way in which judicial investigations in terrorism cases are conducted seriously undermines the right of each defendant to an effective defense”? Human Rights Watch also notes that “the prominent use of intelligence material in judicial investigations, in the context of the close links between judges and the intelligence services, raises concerns about procedural fairness and reliance on evidence obtained from third countries where torture and ill-treatment are routine”.
- Why did the Canadian Department of Justice, acting on behalf of France, withdraw French intelligence evidence because it came from sources even the French couldn't identify and couldn't provide assurances it wasn't produced under torture, an unacceptable risk noted by Amnesty International in its formal intervention in Dr. Diab's extradition hearing?
- How is it that the French judicial system can jail someone who is said to be “innocent until proven guilty” for up to 2 or more years (mis en examen) before deciding if they'll even hold a trial? Other jurisdictions do not permit such lengthy delays which effectively violate habeas corpus norms.
- Why couldn't Dr. Diab's lawyers present RCMP finger and palm print evidence that proves French prints are not those of Dr. Diab?
- Why did the French conclude that the handwriting of someone else, not Dr. Diab, was the same as that of the bomber's 5 block printed words on a hotel registration card, withdraw that “evidence” when this incompetence was identified, and submit a new handwriting analysis that was judged fundamentally flawed by at least three international handwriting experts?
- How was a “robot” sketch of a 40-ish moustached bomber confused with the 26 year old (at the time) Dr. Diab?
- Why did Canadian authorities and judges allow an extradition, which under Canadian law can only be to face charges, when Dr. Diab had not yet been charged?
That doesn't sound impartial or just or fair to me.
Bob Thomson
Ottawa
British Columbia lawyer and author Garry Botting, one of Canada’s foremost authorities on extradition, commented on Hassan's extradition case:
“There has rarely been a case that is so clearly unfair,” he said. “We are constantly bending over backwards to accommodate whatever international request is made. It’s not a question of ‘will we?’ but how high would you like us to jump to accommodate you.”
Diab’s case was the first solid opportunity since Ferras in 2006 to “really make a difference and bring common sense and fairness to bear in extradition cases. Right now it is not fair, not just and has precious little common sense.”
“Canadians get the short end of the stick every time,” he added. “Their own government has sold them down the river.”
“If the person signing in was the bomber he is going to be nervous. His handwriting won’t be reflected properly and likely he’s trying to disguise it. How can you give any credence to anything that’s one sentence long and hang a guy with it?”
Read the full Ottawa Citizen article, dated November 14, 2014:
Canada's extradition law: A legal conundrum
Dr. Hassan Diab’s case should be a wake up call for all Canadians. That’s because, under Canada’s extradition law, any of us could be in Hassan’s shoes. In the name of extradition, our Charter rights may be sacrificed in the interest of maintaining chummy diplomatic relations with countries seeking extradition.
Let’s look at Hassan’s case. Hassan’s fingerprints do not match those of the suspect. His palm prints do not match those of the suspect. His physical appearance does not match that of the suspect. His handwriting does not match that of the suspect, as affirmed by world-renowned handwriting experts.
The judge who committed Hassan to extradition described the handwriting analysis against Hassan as “very problematic”, “convoluted”, “very confusing”, and “with conclusions that are suspect”. The judge also wrote:
“The case presented by the Republic of France against Mr. Diab is a weak case. The prospects of conviction in the context of a fair trial seem unlikely. However, it matters not that I hold this view. The law is clear that in such circumstances a committal order is mandated.”
Since this is an extradition case, the judge did not apply Canadian standards of evidence. This is the state of Canada’s extradition law, and this is the situation under which Hassan faces potential life imprisonment in France under the unfair trial practices that have been documented by Human Rights Watch.
We are all too familiar with cases of wrongful convictions. We remember the wrongful conviction cases in Canada that involved the disgraced pathologist Charles Smith. We are also well aware of the negative impact of false allegations in the cases of Steven Truscott, Donald Marshall, and Maher Arar, to name a few. Hassan’s is clearly a case of wrongful extradition that does not even allow Canadian standards of evidence.
Hassan’s case is also reminiscent of the Dreyfus affair in 19th Century France where Alfred Dreyfus, a French army officer, was sentenced to life in prison based on unsourced intelligence and flawed handwriting analysis. Dreyfus received two trials and was twice wrongly convicted, before he was finally exonerated. Hassan is Canada’s Dreyfus.
In the end, this really has nothing to do with the law, and everything to do with politics and fear. Today it is Hassan. Tomorrow it could be any one of us. We are all Hassan Diab.
Hassan Diab Support Committee
diabsupport@gmail.com
http://www.justiceforhassandiab.org
“My life has been turned upside down because of unfounded allegations and suspicions.
I am innocent of the accusations against me. I have never engaged in terrorism.
I am not an anti-Semite. I have always been opposed to bigotry and violence.”
Dr. Hassan Diab, Ottawa, Canada
By Larry Rousseau, Regional Executive Vice President, Public Service Alliance of Canada
Huffington Post, May 14, 2014
“Let's do a thought experiment.
Imagine that a foreign government suspects you of committing a horrible crime thirty years ago based on unsourced intelligence which could have been derived from torture.
Then imagine that your government decides to hand you over to this foreign government despite the fact that your fingerprints, palm prints, and physical description do not match those of the suspect.
And now imagine that the 'smoking gun' of the case is a handwriting analysis of five words on a hotel registration card that has been discredited by some of the world's top handwriting analysis experts.
And imagine that you learn, years after this process begins, that the foreign government actually hasn't yet charged you with a crime, but wants you under its detention in order to pursue a case against you later.
Tragically, this is not a hypothetical scenario but is the living nightmare of a Canadian citizen, Dr. Hassan Diab, a former sociology professor at Carleton University in Ottawa...”
Read the full article at:
http://www.huffingtonpost.ca/larry-rousseau/hassan-diab_b_5324483.html
Dear Friends and Supporters,
As you know, Dr. Hassan Diab and his family are waiting for a decision from the Court of Appeal for Ontario regarding his request to have his extradition overturned. The Court heard Hassan's appeal in November of last year. A decision from the Court of Appeal could come at any time. We know you share our hope for a positive outcome.
Regardless of the outcome, we are planning a post-decision press conference and rally in Ottawa. We urge supporters, especially those in the Ottawa area, to come out to show your support. Please stay tuned for further updates. We will share more information as soon as we know when the decision is coming.
Hassan and his family are extremely grateful for your continued support in our struggle against an unfair extradition law and legal proceedings based on totally flawed “evidence”. It is a shame and injustice that a Canadian may be forcibly sent to another country and deprived of his liberty based on evidence that would not be admissible in Canadian courts.
Five internationally-recognized handwriting experts testified that the French handwriting analysis report used against Hassan is wholly unreliable and does not follow recognized methodology. The Canadian extradition judge described the report as “very problematic”, “convoluted”, “very confusing”, and “with conclusions that are suspect”. However, the judge held that, since this is an extradition hearing, he cannot apply Canadian standards of evidence to exclude this report.
Hassan has steadfastly declared his innocence. His fingerprints and palm prints do not match those of the presumed bomber. He has repeatedly affirmed that he is willing to answer questions from French authorities in Canada and take a lie detector test, but there has been no response to either offer.
It is essential that we show our support again when the Court of Appeal decision comes out. Let's reaffirm our opposition to unjust extradition proceedings and our support for fundamental rights and freedoms!
Thank you.
Hassan Diab Support Committee
Web: http://www.justiceforhassandiab.org
Email: diabsupport@gmail.com
Facebook: http://www.facebook.com/groups/friendsofhassandiab
Twitter: http://twitter.com/friendsofhdiab
Dear Friends and Supporters,
Waiting for the response from the Court of Appeal for Ontario regarding Hassan Diab's extradition order is difficult for Hassan and his family.
They need our support to keep up their spirits!
Therefore the Hassan Diab Support Committee is organizing a social evening and fundraiser for them and invites you all to be part of it.
- Date: Friday April 11, 2014
- Time: 6:00 PM
- Place: First Unitarian Congregation of Ottawa, 30 Cleary Avenue, Ottawa (off Richmond Road, one traffic light East of Woodroffe Avenue)
- Transportation: Bus # 2 stops at Cleary; Bus # 87 stops at Woodroffe Avenue and Richmond Road.
Ample parking is available.
Hassan will prepare a FREE delicious dinner, including vegetarian options, desserts, and refreshments.
Beautiful live music and songs by Arif Jinha and Gilbert Troutet.
There will be a silent auction and prizes.
Why a Fundraiser:
Hassan’s appeal has been expensive and the lawyers’ fees are mounting. In addition, Hassan has to pay about $2,000 per month for the GPS monitoring device he is required to wear, in order to be able to stay out of prison.
Hassan has shown enormous courage and grace in the face of unjust extradition proceedings. Please join us in supporting him on April 11!
For More Information:
Contact:
Hassan Diab Support Committee
diabsupport@gmail.com
http://www.justiceforhassandiab.org
“My life has been turned upside down because of unfounded allegations and suspicions.
I am innocent of the accusations against me. I have never engaged in terrorism.
I am not an anti-Semite. I have always been opposed to bigotry and violence.”
Dr. Hassan Diab, Ottawa, Canada
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