Canada Must Put an End to This
Miscarriage of Justice!

Canada must refuse any potential second extradition of Dr. Hassan Diab

Six years ago, on 14 January 2018, Hassan Diab returned to Canada. He had spent thirty- eight months in the French maximum security prison of Fleury-Mérogis just outside Paris. For most of that time, Dr. Diab was held in solitary confinement for up to twenty-two hours a day. He was never formally charged nor tried in court.

On Friday, 12 January 2018, Jean-Marc Herbaut and Richard Foltzer, the two senior anti- terrorist investigation judges responsible for Dr. Diab’s case, signed their 72-page ‘Order of Dismissal’ decision (Ordonnance de non-lieu). They had determined that there was no evidence to justify bringing Dr. Diab to trial and ordered his immediate, unconditional release. This concluded thirty-eight years of investigation into the 1980 rue Copernic bombing.

Dr. Diab’s French lawyers, William Bourdon, Apolline Cagnat, and Amélie Lefebvre, stated that “this decision is exceptional […] in French judicial history. It is based on clear evidence that there is no possibility of attributing to Hassan Diab any responsibility in the attack.”

With the active support of Global Affairs Canada (Foreign Minister Chrystia Freeland) and Canadian Embassy officials in Paris, Dr. Diab was able to fly back to Ottawa on 14 January 2018. He was welcomed at the airport in the early hours of the morning by his wife and children, together with many of his local supporters.

The sense of relief and the hope that justice was finally being done, were to be short-lived. The French Prosecutor appealed against Dr. Diab’s release. Pressure from victims’ advocacy groups, aligned with ultra-conservative political opinion, and the compulsion to identify the individual(s) responsible for the 1980 explosion, all combined in the scapegoating of Dr. Diab. The French Court of Appeal, after multiple delays, rendered its opinion on 27 January 2021, effectively dismissing the Ordonnance de non-lieu and ordering that Dr. Diab stand trial.

Dr. Diab’s Canadian lawyer, Donald Bayne, carried out a detailed analysis of the Court of Appeal decision: (https://www.justiceforhassandiab.org/wp-content/uploads/2021/05/DIAB-Memo-France-COA-2021-05-05.pdf). Donald Bayne concludes: “The serious multiple errors of fact, reliance on evidence so unreliable it should be disregarded, misstatement of its own mandated handwriting report, resort to sheer speculation in an effort to explain away “essential elements” of exculpatory fingerprint and consistent alibi evidence, willful ignorance of the actual evidence and imposition on Hassan Diab of an impossible onus to prove absolute innocence “indisputably” demonstrate that the decision of the French Court of Appeal to set aside the Investigation Judges’ Order of Dismissal and order that Hassan Diab be put on trial in France is an unjust decision and one that perpetuates over a decade-long miscarriage of justice.”

Dr. Diab was tried in absentia in April 2023. Although the Investigation Judges (Jean-Marc Herbaut and Richard Foltzer) testified that there was no valid basis for a conviction, the Special Assize Court in Paris sentenced Dr. Diab to life imprisonment and ordered his arrest. “The unjust French conviction was based on secret, unsourced, uncircumstanced and unreliable ‘intelligence’ – inadmissible in our system of justice. Canada should not be party to this injustice.” (Donald Bayne)

Dr. Diab and his family live a stressful life in limbo, not knowing when or if a further unjust process might be commenced against him. Prime Minister Trudeau must honour his words in June 2018, when he acknowledged that “this is something that obviously was an extremely difficult situation to go through for himself, for his family” and promised to “make sure that this never happens again”.

Canada must prevent further miscarriage of justice and refuse any potential second extradition of Dr. Hassan Diab!

Read the full media notice (in English and French):
https://www.justiceforhassandiab.org/wp-content/uploads/2024/01/Diab-media-notice-2023-12-12-EN-FR.pdf

15 Years of Injustice: How Much More Must Hassan Diab Endure?

November 13 2023, marks 15 years since Dr. Hassan Diab was arrested by the RCMP at the request of France. Since that day, Hassan and his family have yet to experience lasting justice and true freedom.

After his arrest in Canada in 2008, Hassan was jailed in Ottawa, subjected to an extradition hearing, and extradited to France in November 2014, where he spent over three years in near solitary confinement. He was released from prison and returned to Canada in January 2018 after two French investigative judges, who thoroughly investigated the case, dismissed all the allegations against him. However, due to political pressure, the he was subjected him to a sham trial in absentia in April of this year. The politicised French court declared Hassan guilty and issued a warrant for his arrest. Since then, Dr. Diab and his family have lived in fear that he will be extradited once again for a crime he did not commit.

Read the article: “The 15-Year Ordeal of Hassan Diab”, by Paul Leduc Browne

On this shameful 15th anniversary, we ask supporters to urge the government of Canada to DECLARE THAT HASSAN DIAB WILL NOT BE EXTRADITED A SECOND TIME.

HOW YOU CAN HELP

Send a letter to Prime Minister Justin Trudeau urging him to give immediate assurances that Canada will not accept nor accede to a second extradition request and reform Canada’s extradition law.

Letter in English: https://iclmg.ca/diab-letter

Lettre en français: https://iclmg.ca/fr/lettre-diab

(It’s okay to send the letter again even if you’ve done so before).

Thank you for your continued support!

Urgent Action:
Phone Prime Minister Justin Trudeau

Urge PM Trudeau to protect Dr. Hassan Diab and refuse any request from France for Hassan’s extradition!

Prime Minister Trudeau’s Phone Numbers:

  • Hill Office – House of Commons: 1 (613) 992-4211
  • Constituency Office – Riding of Papineau, Montreal, Quebec (call this number if you live in the riding): 1 (514) 277-6020

Key messages for Prime Minister Trudeau:

  • Protect Hassan Diab from further injustice. Say No to any request for Hassan’s extradition.
  • I am very concerned that France is scapegoating Hassan Diab for a crime he did not commit.
  • France has convicted the wrong person—and they know it.
  • The Canadian government has a moral obligation to protect its citizens from persecution.
  • Hassan and his family have suffered this injustice for 15 years.
  • Mr. Trudeau, numerous civil society and human rights organizations have called on you to say No to a second extradition request from France.
  • Mr. Trudeau, honour the words you spoke in 2018: “What happened to Hassan Diab never should have happened”, and make sure that it never happens again.
  • Two experienced French investigative judges (Herbaut and Foltzer) carried out an extensive investigation and determined that the case should not go to trial.
  • The French court which convicted Hassan Diab in April 2023, used secret intelligence as evidence. Relying on secret intelligence is unconstitutional and not allowed in Canadian court; it violates the right to know the case against you and the right to a fair trial.

Thank you for your support!

Public Lecture, Carleton University, Ottawa
October 19, 2023, 12 – 1 pm

You are invited to a Zoom webinar:

After registering, you will receive a confirmation email containing information about joining the webinar.

You can also attend in person (Tory Building, Room 360, Carelton University, Ottawa). Here is the poster for the event.

Urgent Action: Phone Prime Minister Justin Trudeau on October 17, 2023

Please phone PM Trudeau and urge him to protect Dr. Hassan Diab and refuse any request from France for Hassan’s extradition!

Prime Minister Trudeau’s Phone Numbers:

  • Hill Office – House of Commons: 1 (613) 992-4211
  • Constituency Office – Riding of Papineau, Montreal, Quebec (call this number if you live in the riding): 1 (514) 277-6020

Key messages for Prime Minister Trudeau:

  • Protect Hassan Diab from further injustice. Say No to any request for Hassan’s extradition.
  • I am very concerned that France is scapegoating Hassan Diab for a crime he did not commit.
  • France has convicted the wrong person—and they know it.
  • The Canadian government has a moral obligation to protect its citizens from persecution.
  • Hassan and his family have suffered this injustice for 15 years.
  • Mr. Trudeau, numerous civil society and human rights organizations have called on you to say No to a second extradition request from France.
  • Mr. Trudeau, honour the words you spoke in 2018: “What happened to Hassan Diab never should have happened”, and make sure that it never happens again.
  • Two experienced French investigative judges (Herbaut and Foltzer) carried out an extensive investigation and determined that the case should not go to trial.
  • The French court which convicted Hassan Diab in April 2023, used secret intelligence as evidence. Relying on secret intelligence is unconstitutional and not allowed in Canadian court; it violates the right to know the case against you and the right to a fair trial.

Thank you for your support!

Petition with Over 10,000 Signatures Submitted to PM Trudeau; Take Action in Support of Hassan Diab!

A heartfelt thanks for signing the petition to Prime Minister Justin Trudeau. The petition was signed by more than 10,000 supporters calling on the Prime Minister to refuse any request for Dr. Hassan Diab’s extradition. On July 27, 2023, the petition was delivered to the Prime Minister’s office in Ottawa, where supporters gathered demanding that the Canadian government protect Hassan.

The petition remains open for additional signatures.

On the same (July 27, 2023), the Hassan Diab Support Committee held a press conference in conjunction with delivering the petition. The press conference was moderated by Tim McSorley of the International Civil Liberties Monitoring Group (ICLMG). Opening statements were made by Hassan Diab, Alex Neve, Bernie Farber, and Rob Currie. Maeve McMahon and Roger Clark (members of the support committee) were available to answer questions.

Press Conference for Hassan Diab
Short CTV News video segment on Hassan Diab’s unending case
Short video of the petition delivery action at the Prime Minister’s Office
Photos from the petition delivery at the Prime Minister’s Office (Set 1)
Photos from the petition delivery at the Prime Minister’s Office (Set 2)

Take Action in Support of Hassan Diab!

Dr. Hassan Diab is immensely grateful for all the support you have shown him over the years. Unfortunately, his situation continues to be extremely stressful, and the Canadian government has not indicated whether it has received a second extradition request from France–or what it will do if it does receive a request. More than four months have passed since April 21, 2023, when the French Court of Assize declared Hassan guilty, sentencing him to life in prison in a sham trial that relied on secret, unsourced intelligence (unacceptable in Canada) and ignored all exonerating evidence. Hassan remains in limbo, mentally tortured by the Canadian government’s silence.

Here are two actions you can take now:

1) Send a letter to Prime Minister Justin Trudeau:

Letter to PM Justin Trudeau (English)
Letter to PM Justin Trudeau (French)

2) Sign the letter addressed to Heather McPherson, NDP Member of Parliament and Foreign Affairs Critic:

Letter to MP Heather McPherson

Podcast: “Beyond Kafkaesque”: Will Hassan Diab Receive Justice?

Listen to a 40-minute podcast, produced by David Palumbo-Liu and including Azeezah Kanji, Bernie Farber, Michelle Weinroth, and Hassan Diab.

Podcast: “Beyond Kafkaesque”: Will Hassan Diab Receive Justice?

Thank you for your continued support!

Petition Signed by More than 10,000 Canadians and Supporters Calls on PM Trudeau to Refuse any Request for Hassan Diab’s Extradition

Watch the press conference (via Zoom) that took place on July 27, 2027, calling on Prime Minister Justin Trudeau and the Government of Canada to put an end to the continuing miscarriage of justice that Dr. Hassan Diab is facing and refuse any request for Hassan’s extradition.

The press conference was moderated by Tim McSorley (International Civil Liberties Monitoring Group). Opening statements were made by Hassan Diab, Alex Neve, Bernie Farber, and Rob Currie. Maeve McMahon and Roger Clark were available to answer questions.

Following the press conference, a public event was held outside the Prime Minister’s office (80 Wellington Street, Ottawa) where a petition signed by more than 10,000 Canadians and supporters was delivered to the Prime Minister.

Support Hassan Diab as He Delivers Petition to PM Justin Trudeau on Thursday July 27, 2023

Please join us on Thursday July 27, 2023, as we deliver the petition to Prime Minister Justin Trudeau, asking him to protect Hassan Diab from further injustice and say NO to any request for Hassan’s extradition.

What: Rally and delivery of Hassan Diab Petition to PM Justin Trudeau
When: Thursday July 27, at 12:00 Noon ET
Where: At the Prime Minister’s office, 80 Wellington Street, Ottawa (Southwest corner of Elgin and Wellington)

Many individuals, prominent lawyers, human rights groups, and unions have written or called on Mr. Trudeau to speak up and say that Hassan will not be extradited to France again.

Now we are bringing the petition, signed by more than 10,000 supporters in Canada and around the world, to again ask Mr. Trudeau to speak up and protect Hassan from another extradition.

Please join us!

  • Bring signs and banners
  • Hear Hassan Diab speak
  • Sing along with the Ottawa Raging Grannies
  • Accompany Hassan as he delivers the Petition

Note: The petition will continue to be open for additional signatures after it’s delivered. So please sign it if you haven’t done so already.

Earlier in the Day There Will Be a Press Conference

What: Press conference (via Zoom) on Hassan Diab’s case.
When: Thursday July 27, at 10:00 am ET
You are invited to watch a livestream of the press conference at: https://www.facebook.com/iclmg.csilc

Speakers will include:

  • Hassan Diab
  • Rob Currie (Professor of Law at the Schulich School of Law, Dalhousie University)
  • Bernie Farber (Former CEO of the Canadian Jewish Congress and Founding Chair of the Canadian AntiHate Network)
  • Alex Neve (Former Secretary General of Amnesty International Canada, 2000-2020, and Senior Fellow at the University of Ottawa, Graduate School of Public and International Affairs)

Questions from participating media will follow.

Parliamentary Report on Reforming Canada’s Extradition System

On June 7, 2023, the Standing Committee on Justice and Human Rights (JUST) released a report entitled, “Reforming Canada’s Extradition System”:

https://www.ourcommons.ca/DocumentViewer/en/44-1/JUST/report-13

The JUST report is based on hearings conducted in February 2023, when the Committee heard from a number of witnesses including Donald Bayne (legal counsel for Dr. Hassan Diab), Rania Tfaily (Hassan’s spouse and Associate Professor at Carleton University), Tim McSorley (National Coordinator, International Civil Liberties Monitoring Group), Alex Neve (former Secretary General for Amnesty Canada), Robert J. Currie (Professor of Law at Dalhousie University), Matthew Behrens (social justice advocate), and others, about the injustices of Canada’s Extradition Act.

Hassan Diab’s case was highlighted in the JUST report as a shocking example of the shortcomings of Canada’s Extradition Act. The report includes 20 recommendations for reforming Canada’s Extradition Act. It is our sincere hope that the Canadian Government will take up the proposed reforms as soon as possible.

Read: “MPs call for reform of Canada’s extradition system to avoid ‘further injustices’”, Ottawa Citizen, June 19, 2023

Open Letter Signed by Members of the Canadian Legal Community

On June 8, an Open Letter, signed by more than 130 members of the Canadian legal community – including law professors, retired judges, practicing and retired lawyers, and legal researchers from across the country – was delivered to Prime Minister Justin Trudeau.

https://iclmg.ca/diab-lawyers-letter-2023 (English)
https://iclmg.ca/fr/lettre-communaute-juridique-diab-2023 (French)

The letter urges the Canadian government to refuse any request for Hassan Diab’s extradition and summarizes the numerous, mounting grave concerns about fairness and human rights violations that have marked every stage of Hassan Diab’s case. The letter also reminds the Prime Minister of his comments in 2018, after Hassan returned to Canada, when he stated that what had happened to Hassan “never should have happened” and that steps would be taken to “make sure that it never happens again.”

Read: Press release about the Open Letter signed by members of the Canadian legal community

Open Letter: Say “No” to a Second Extradition for Hassan Diab

On June 15, another letter to Prime Minister Justin Trudeau, sponsored by Michelle Weinroth and endorsed by Just Peace Advocates, was delivered to the PM:

“Prime Minister Trudeau: Say ‘No’ to a second extradition for Hassan Diab!”
https://rabble.ca/politics/canadian-politics/prime-minister-trudeau-say-no-to-a-second-extradition-for-hassan-diab

The letter has now garnered signatures from over 526 individuals – activists, academics, lawyers, faith leaders, authors, and others – and 27+ organizations.

An updated letter will be sent to both the PM and Justice Minister David Lametti, so that they are both aware that the number of signatories has risen dramatically and continues to rise with each passing day. If you would like to add your name to the letter, you can access a Google form to fill out at the link below. The form asks for your name, self-description/title, location, and email.

https://bit.ly/HassanDiabLetter

Sign the Petition to PM Trudeau

Prime Minister Justin Trudeau must honor his words from June 2018 and refuse any future request from France for the extradition of Hassan Diab. Your support is vital to protect the rights of people in Canada against unjust prosecution and violation of fundamental rights.

The petition has close to 10,000 signatures. We plan to deliver the petition to the Prime Minister soon. Please sign it, if you haven’t done so already, and share it far and wide!

Petition in English: https://you.leadnow.ca/petitions/pm-trudeau-protect-hassan-diab-from-further-injustice-say-no-to-another-extradition

Pétition en Français: https://you.leadnow.ca/petitions/pm-trudeau-protegez-hassan-diab-de-toute-nouvelle-injustice-dites-non-a-une-deuxieme-extradition

Thank you for your continued support!


Hassan Diab Support Committee
Email: diabsupport@gmail.com