eBulletin – October 28, 2011

“Stop Unjust Extradition Proceedings”

In this issue:

1. Canada’s [Un]Constitutional Extradition Law
2. REMINDER: “J’Accuse” – Toronto Fundraiser for Hassan Diab, Saturday October 29
3. NEW: Q&A Segment Added to Video of Carleton Lecture

1. Canada’s [Un]Constitutional Extradition Law

On June 6, 2011, an Ontario judge committed Hassan for extradition based on a French handwriting analysis report that alleges similarities between Hassan’s handwriting and five words appearing on a Paris hotel registration card in 1980. The judge described the French report as “very problematic”, “very convoluted”, “very confusing”, “pseudo-science”, and “with conclusions that are suspect”. However, the judge stated that his hands are tied by Canada’s extradition treaty, and that he had no choice but to order Hassan’s extradition.

Canada’s extradition law allows foreign countries to seize any Canadian citizen based on a mere summary of the allegations. The foreign state can cherry-pick its case and suppress exonerating evidence. Hassan’s palm and finger prints do not match those of the suspect, yet this information was suppressed from the Record of the Case. The extradition court must treat the foreign state’s evidence as presumptively reliable, and the burden is placed on the accused to prove that the case is “manifestly unreliable”. In practice, however, it is almost impossible to demonstrate “manifest unreliability”.

If extradited, Hassan will be tried in France’s anti-terrorism court which places severe limitations on the ability of the defence to challenge the handwriting analysis, and allows the use of un-sourced secret intelligence that may be the product of torture.

Hassan is in a Catch-22 situation. In Canada, the “evidence” used against him is presumed reliable, even though it does not meet Canadian standards of evidence. At trial in France, defence evidence will not receive full and fair consideration, because it was furnished by the defence rather than by the investigating magistrate.

We must demand that Canadian standards of evidence apply to extradition cases, and that Canada not extradite its citizens to countries that allow secret intelligence — including intelligence obtained from torture — to be used as evidence.

Hassan continues to live under very strict bail conditions and is saddled with hefty legal fees and paying $2,000 per month for the GPS monitoring he is required to wear.

Please help us challenge the fundamental unfairness of Canada’s extradition law and prevent a gross injustice.


(a) Donate to Hassan Diab’s legal defence fund and/or help relieve the cost of his GPS monitoring. To donate, visit: http://www.justiceforhassandiab.org/donate

(b) Write to the Minister of Justice, Mr. Rob Nicholson (rob.nicholson@parl.gc.ca), and urge him NOT to surrender Hassan. Please share your letter with diabsupport@gmail.com. A sample letter is available:

(c) Circulate a brochure outlining the injustices of Hassan’s case:

2. REMINDER: “J’Accuse” – Toronto Fundraiser for Hassan Diab

Date: Saturday October 29, 2011
Time: 7:00 PM – 9:00 PM
Place: Beit Zatoun, 612 Markham Street, Toronto, Canada

• Doors open at 6:45 PM
• Tasty refreshments and Zatoun olive oil and za’atar served
• Suggested donation: $10

Join us for an evening of powerful dramatic readings from Hassan Diab, Emile Zola, and others who have broken the silence and spoken out about the injustices they face.

In 1894 Alfred Dreyfus, a Jewish French soldier, was charged with treason. The accusation, based on fraudulent handwriting analysis, unleashed waves of anti-Semitism. Eminent French writer Emile Zola wrote J’Accuse to expose “the spectre of the innocent man who, far away, is suffering the most atrocious of tortures for a crime he did not commit — It is a crime to exploit patriotism for works of hate.”

Right now, exactly repeating the past, the case against Hassan Diab rests on fraudulent and discredited handwriting analysis. In this climate of Islamophobia, France has asked the Canadian government to comply and extradite Hassan Diab to France where he faces an unfair trial that could land him in jail for life.

Announcement for this event is at:

3. NEW: Q&A Segment Added to Video of Carleton Lecture

On October 19, 2011, a public lecture about Hassan Diab’s case was held at Carleton University. The speakers were Donald Bayne, Hassan’s lawyer, and Nathalie Des Rosiers, General Counsel of the Canadian Civil Liberties Association (CCLA). The lecture was moderated by Bill Skidmore, instructor at the Institute for Interdisciplinary Studies (Human Rights) at Carleton University.

The event included a discussion of the following topics:
* Why exonerating evidence was not allowed in court
* How Canada’s extradition law is fundamentally unfair
* Why a fair trial in France is unlikely

Watch the presentations video:

Watch the Q&A video:

Hassan Diab Support Committee
Email: diabsupport@gmail.com
Web: http://www.justiceforhassandiab.org
Facebook: http://www.facebook.com/groups/justiceforhassandiab
Twitter: http://twitter.com/justiceforhdiab
Blog: http://friendsofhassandiab.blogspot.com

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