Purpose

In line with our recent Parliamentary petition, e-3400, letter-writing campaign, and public statements (including letters from supportive organizations), there are currently a number of goals:

1. Immediate assurances from the Canadian Government that Canada will not accept nor accede to a second request for Dr. Hassan Diab’s extradition;
2. Agreement by the Canadian Government that Canada will urge France to put an immediate end to this continuing miscarriage of justice;
3. Suspension of the Canada/France Extradition Treaty; and
4. Reform of Canada’s 1999 Extradition Act.

Context

• A Federal election will take place in Canada on September 20, 2021. This presents an excellent opportunity to increase political and public support for Dr. Hassan Diab.
• “Parliamentarians”, in this strategy, refers to current MPs (including those who are not running again), candidates or potential candidates running for election, Senators, and any other political “influencers”.
• The current Liberal Government position on our goals is clearly lacking, based on the following “form letter” response from the Minister of Justice, Mr. David Lametti:
   
  “We are aware of France’s decision to have Dr. Diab stand trial in that country, and that the decision has been upheld by the French Supreme Court (the Court of Cassation). We continue to follow the situation. As extradition requests are confidential state-to-state communications, I cannot confirm or deny the existence of a request until and unless it is acted upon. Canada would review a new extradition request in accordance with the Extradition Act, the Canadian Charter of Rights and Freedoms, and our treaty obligations. A decision to start extradition proceedings would consider whether there is sufficient evidence to support the request as well as whether it is in the public interest to proceed.” (emphasis added)

Actions

• Through lobbying of individual parliamentarians, including face-to-face meetings whenever possible, we aim to generate the strongest possible political and public support for our goals.
• Ideally, approaches should be made by a local constituent, supported by a member of the Hassan Diab Support Committee (HDSC) if feasible.
• Whenever possible, make maximum use of social media (including Twitter, Facebook, etc.) to highlight and increase support for our goals.
• Other options to consider might include letters sent to your local media, vigils and small demonstrations outside constituency offices, questions asked at nomination or “all-candidate” meetings, etc.

As an alternative to face-to-face meetings, please consider calling your local candidates’ offices and leaving short messages asking that they: 1) commit to help end Hassan’s persecution, and 2) ensure that Hassan will never face a second extradition.

Asks

We are asking parliamentarians to commit to the following:

It is also important to emphasise the personal impact of Hassan’s ordeal on him and his family.

Discussion Points

We suggest using the preamble of our most recent Our Parliamentary petition as a guide or framework for your discussion with parliamentarians:

• Canadian citizen Hassan Diab was extradited to France in 2014, in a case widely acknowledged as a miscarriage of justice;
• Hassan’s extradition was based on a discredited handwriting analysis (“Bisotti report”), described by the extradition judge as “very problematic” and “suspect”;
• There is significant evidence which exculpates Hassan, including exculpatory fingerprint and palmprint evidence;
• Hassan was held in France, without charge, mostly in solitary confinement, from 2014 to 2018;
• French investigating judges found “consistent evidence” supporting Hassan’s innocence, concluded that he could not have been in France at the time of the 1980 bombing, and ordered his release;
• The French prosecutor appealed the Order of Dismissal against Hassan, and a new handwriting analysis was ordered;
• The new analysis agreed with defense handwriting experts that the Bisotti report used an improper methodology and is unreliable;
• Despite all evidence, in January 2021, a French Court of Appeal overturned Hassan’s release and ordered a trial;
• Aggressive lobbying in France has fostered political pressure for further prosecution and scapegoating of Hassan; and
• On 20 June 2018, PM Trudeau declared that “we have to recognise that what happened to [Hassan] never should have happened… and make sure that it never happens again.”

Thank you.

For more information:

Roger Clark (erogclark@gmail.com)
Hassan Diab Support Committee