We need your help!
Please call Justice Minister Lametti

Please call Justice Minister David Lametti, urging him to release Murray Segal’s report immediately and without redaction, and asking him to order an independent public inquiry into the role that the Department of Justice played in Hassan Diab’s wrongful extradition to France.

As you know, more than a month ago, Murray Segal submitted to the Minister of Justice his “external review” of Hassan Diab’s extradition to France in 2014. We are very concerned and disappointed about the extensive delays in making Mr. Segal’s report public.

Please help by phoning Justice Minister David Lametti urging him to release Mr. Segal’s report without further delay and without redaction. Please phone Minister Lametti every Thursday and Friday, until the report is released.

When you call, please give your name and where you are calling from. It is likely you will be talking to an answering machine. You can leave a message to this effect:

“Minister Lametti, I am calling to urge you to release Murray Segal’s report on Hassan Diab’s wrongful extradition to France in 2014. While the mandate given to Mr. Segal falls short of a full and independent public inquiry, Mr. Segal’s report needs to be made public as soon as possible, and without redaction. In addition, I urge you to order an independent public inquiry into the role that the Department of Justice played in Hassan Diab’s extradition. We need full transparency and accountability to ensure that the rights of people in Canada are protected and the injustice that happened to Hassan never happens again.”

Please call:
• Minister Lametti’s House of Commons Office: (613) 943-6636
or
• Minister Lametti’s Constituency Office: (514) 363-0954

Please share this call-out with friends and family!

Josh Paterson, Executive Director of the BC Civil Liberties Association, stated, “Mr. Segal’s report must be provided to Dr. Diab and his family, and it must be made public without editing or redaction – period. It is also well past time for the government to commit to a full review of the outdated Extradition Act, which allowed this mess to happen in the first place.”

The Criminal Lawyers’ Association wrote, “Transparency, accountability and fairness require that Mr. Diab and the community at large be made aware of the nature and scope of Mr. Segal’s mandate, the investigations he undertook, and the conclusions he reached as to whether government lawyers followed the law and departmental procedures in connection with the extradition of Hassan Diab.”

Thank you for your continued support.

Renewed Calls for Public Inquiry and
Reform of Canada’s Extradition Act

PRESS RELEASE
For Immediate Release

Hassan Diab and His Supporters Demand Public Release of Segal Report and Renew Call for Public Inquiry and Reform of Canada’s Extradition Act

29 May 2019, Ottawa – Murray Segal, former Deputy Attorney General of Ontario, has delivered a report of his review of the extradition of Dr. Hassan Diab to the Minister of Justice, David Lametti. The Minister’s office has confirmed receipt of the report but has not indicated if – and when – the report will be made public.

Following the dismissal of Diab’s case by French investigating judges and his return to Canada in January 2018, Hassan and numerous human rights organisations have been calling for a full, independent public inquiry to investigate his wrongful extradition to France in 2014. CBC News revealed that Department of Justice (DOJ) officials played a role in advancing Diab’s extradition when the case against him was falling apart, and that exculpatory fingerprint analysis that could have helped clear Diab was never shared by the DOJ with Diab’s defence or with the Canadian extradition judge.

In July 2018, Segal was asked to undertake an external review – instead of a public inquiry – to assess whether DOJ officials followed the law and departmental procedures while pursuing France’s request to extradite Diab.

Remarking on the delivery of Segal’s report, Don Bayne, Hassan’s lawyer, said, “The mandate of Mr. Segal was deliberately too limited – to avoid the hard questions and issues. Mr. Segal’s powers were too circumscribed compared to a judge’s who can compel witnesses and documents. There was no challenge or cross-examination of the DOJ’s version of their conduct. There was no true examination of the dangers and shortcomings of the Extradition Act and procedure (and jurisprudence). We had no access to the behind the scenes letters and documents, thus there was no transparency which this government always championed. Dr. Diab and his family deserve better than this closed door, carefully controlled external review.”

Hassan Diab said: “After suffering a decade under virtual house arrest and near solitary confinement in Canada and France, we need to make sure that wrongful extraditions do not take place again. I urge the Minister of Justice to order a serious, independent, and transparent public inquiry. Anything short of that will only extend the suffering, and miscarriages of justice will continue.”

Tim McSorley, National Coordinator of the International Civil Liberties Monitoring Group (ICLMG) reiterated the call of ICMLG for a public inquiry into Hassan Diab’s extradition and the failings of the Extradition Act. He stated, “The mandate of Mr. Segal’s review was too narrow. The severity of what Dr. Diab has gone through merits the scope and thoroughness of a public inquiry. Only this will ensure a full accounting of the facts, full redress for Dr. Diab, and the information needed to make the necessary reforms so that no Canadian faces the same travesty again. Given the gravity of what Hassan Diab has been through, Mr. Segal’s report should be immediately released. Hassan and the public deserve answers and clarity after his ten-year ordeal.”

Josh Paterson, Executive Director of the BC Civil Liberties Association, stated, “Mr. Segal’s report must be provided to Dr. Diab and his family, and it must be made public without editing or redaction – period. It is also well past time for the government to commit to a full review of the outdated Extradition Act, which allowed this mess to happen in the first place.”

Background:

Dr. Hassan Diab is a Canadian citizen and sociology professor who lives in Ottawa. He was extradited from Canada to France in November 2014, even though the Canadian extradition judge, Robert Maranger, described the evidence presented against Diab as “very problematic”, “convoluted”, “illogical”, and “suspect”. However, given the low threshold of evidence in Canada’s Extradition Act, the judge felt compelled to order Diab’s extradition.

Diab spent more than three years in prison in France while the decades-long investigation in his case was ongoing – this despite the fact that Canada’s Extradition Act only authorizes extradition to stand trial, not to continue an investigation.

In January 2018, the French investigating judges dismissed all charges against Diab and ordered his release. They stated that there is consistent evidence that Diab was not in France at the time of the 1980 bombing in Paris that tragically killed four people and injured dozens. They also notably underlined the numerous contradictions and misstatements contained in the anonymous intelligence, and cast serious doubts about its reliability. The investigating judges also stressed that all fingerprint and palm print analysis excluded Diab.

Shortly thereafter, Diab was released from prison in France, and returned to his home and family in Canada. He had spent almost ten years of his life either imprisoned or living under draconian bail conditions, including more than three years in near solitary confinement in a French jail.

In June 2018, CBC News reported that a key fingerprint analysis exonerating Diab was not disclosed to the court in Canada during the extradition proceedings. The court in Canada was told that no such evidence existed, when in fact the fingerprint analysis that excluded Diab was done in early 2008, many months before France requested Diab’s extradition. CBC News also reported that in 2009 a senior lawyer at the Canadian Department of Justice (DOJ) urged the French authorities to obtain new handwriting ‘evidence’ against Diab when the extradition case was about to collapse. In another effort to shore up the case, the DOJ lawyer requested another fingerprint analysis of a police document signed by the suspect as he believed that the evidence would be very powerful in getting Hassan extradited. When the RCMP fingerprint analysis excluded Diab, the DOJ lawyer never disclosed this fact to the court in Canada or to the defense.

Numerous human rights and civil society organisations – including Amnesty International Canada, British Columbia Civil Liberties Association, Canadian Association of University Teachers, Criminal Lawyers Association, and the International Civil Liberties Monitoring Group (ICLMG) – have called on the Canadian government to conduct an independent public inquiry into Diab’s extradition, as well as to undertake a complete review of the Extradition Act so no other Canadian would go through what Hassan Diab and his family had to endure.

Diab has a lifelong record of opposition to bigotry and discrimination, as attested by family, long-time friends, and colleagues. He has always maintained his innocence and strongly condemned the 1980 crime. He has unequivocally stated, “My life has been turned upside down because of unfounded allegations and suspicions. I am innocent of the accusations against me.”

Canada’s Extradition Act is in Need of
Urgent Reform


“Canada’s primary obligation is to protect the rights of people here, and that’s why we are continuing to push for reform to the Extradition Act itself in order to ensure that individuals in Canada who are sought for trial in a foreign state benefit from a fair process, instead of their surrender being a virtual certainty…

The balance between Canada’s duty to protect its citizens and residents, and its interest in cooperating with foreign states on extradition is severely out of whack. Change is urgently needed to prevent innocent people from having their lives irrevocably overturned in the way that Dr. Diab, Dr. Tfaily, and their children’s have.”

Read the full article:

“A Decade’s Ordeal: The Case of Dr. Hassan Diab and the Need for Reform in Canada’s Extradition Law”, by Josh Paterson, Executive Director of the B.C. Civil Liberties Association, December 3, 2018.

Thank You for Donating to Hassan Diab’s Legal Defence in France

Dear Friends and Supporters,

A BIG Thank You for your very generous donations to Hassan Diab’s legal defence in France! To date, we have raised CAD $28,770.00, or about 96 percent of what we need to cover the latest bill of CAD $30,000.00.

We are very grateful to be part of such a caring and justice-minded community. Without you, an innocent man would still be languishing in jail in France.

All the money raised goes to cover legal fees that Hassan is incurring in France because of the French prosecutor’s appeal of Hassan’s release.

In January 2018, French investigating judges cleared Hassan unconditionally of all accusations, allowing him to return to his home in Canada. However, the prosecutor’s appeal continues to prolong his ordeal, burdening his family with additional legal fees.

If you wish to donate to Hassan Diab’s legal defence in France, please visit:
http://www.justiceforhassandiab.org/donate.

Thank you again. We are deeply grateful for your support!

Sincerely,

Hassan Diab Support Committee
diabsupport@gmail.com

Please Donate to Hassan Diab’s
Legal Defence in France


Dear Friends and Supporters,

As 2018 draws to a close, we recall a year that began with French investigating judges clearing Dr. Hassan Diab unconditionally of all accusations and allowing him to return to his home and family in Canada.

The French Court of Appeal, however, has delayed its decision on whether to uphold the investigating judges finding of innocence. The delay by the Court of Appeal prolongs Hassan ordeal, while burdening him and his family with additional legal fees.

We must raise CAD $30,000 by the end of 2018 to cover the latest bill for Hassan’s legal defence in France.

We are more than halfway to our goal, as we have received CAD $17,260 CAD in donations so far.

Please help us raise the remaining balance (CAD $12,740) by the end of this year. A donation of any amount will go a long way in bringing closure to Hassan’s wrongful extradition!

To donate, please visit: http://www.justiceforhassandiab.org/donate:

A BIG Thank You to all who donated already. We are deeply grateful for your support!