Profoundly Disappointing Supreme Court Decision

Posted on November 13, 2014 by Justice for Hassan Diab

Today, the Supreme Court of Canada dismissed Dr. Hassan Diab’s application for Leave to Appeal. Hassan, his family, and supporters are disappointed and dismayed by the Supreme Court’s refusal to hear his case, and to address the issues of serious public importance at stake. In response to the Supreme Court’s decision, Dr. Diab issued the following statement.

Français
Statement by Hassan Diab
November 13, 2014

I am deeply shocked that the Supreme Court of Canada refused to even hear the appeal in my case. This is a very sad day for me, my family and supporters, and the state of extradition law in Canada. I had hoped for justice from the Canadian legal system.

I have been living a Kafkaesque nightmare for over six years, fighting false allegations against me, enduring detention, strict bail conditions, the loss of my employment, and enormous stress on my family. It is beyond devastating that the Supreme Court of Canada would allow my extradition for a crime that I did not commit and based on a handwriting analysis report that was shown by world-renowned handwriting experts to be wholly unreliable, totally erroneous, and biased.

It is shocking that this would happen in Canada, despite the numerous commissions on wrongful convictions based on faulty forensic evidence and the Court’s vow to never let this happen again.

I, my family, friends, and supporters, will continue to fight the false allegations that have been imposed on me, a Canadian citizen who is law-abiding, peaceful, compassionate, and who abhors violence.

I am grateful and heartened by the outpouring of support from thousands of individuals and organizations that recognize the injustice that I have experienced and the unfairness of Canada’s extradition law. I am also deeply thankful to my devoted lawyers who tirelessly worked on my behalf for years.

I vow to never give up, and I will always remain hopeful that I will eventually return to my home in Canada and be reunited with my wife and children.

Leave of Appeal Decision to be Released on Thursday November 13

Posted on November 10, 2014 by Justice for Hassan Diab

Dear Friends and Supporters,

On Thursday, November 13, 2014, the Supreme Court of Canada will announce its decision on whether to grant leave to appeal in the extradition case of Dr. Hassan Diab. We are calling on supporters like you to come out and show your support.

Please join us for a rally at the Supreme Court of Canada on the day of the decision.

What:	Rally to support reform of Canada’s extradition law and justice for Hassan
Place:	Supreme Court of Canada, 301 Wellington Street, Ottawa — Map
Date:	Thursday November 13, 2014
Time:	Meet at 9:15 am sharp. We will wait for the decision which is expected to come out at around 9:30 am.

The Supreme Court represents Hassan’s last real chance for justice in Canada. If leave is granted, the case would be heard by the Supreme Court sometime in 2015. If leave is not granted, the government would extradite Hassan to France soon after the decision, where he would be incarcerated while the French authorities decide whether or not to put him on trial.

France’s anti-terrorism courts allow convictions based on secret information that is inadmissible in Canadian criminal trials. In Hassan’s case, France is also relying on a handwriting analysis report that has been thoroughly discredited by five leading handwriting experts. A trial conducted in these circumstances offends principles of fundamental justice and condemns an innocent man.

Please bring banners and signs calling for stopping Hassan’s extradition and reforming Canada’s extradition law. We are grateful for the support you have shown Hassan and his family since the beginning, and we look forward to seeing you on Thursday morning.

See: Background information

Hassan Diab Support Committee
diabsupport@gmail.com

Supreme Court Decision on Leave to Appeal Expected Soon

Posted on November 8, 2014 by Justice for Hassan Diab

The Supreme Court of Canada will soon release its decision on whether to grant leave to appeal in the extradition case of Dr. Hassan Diab. A hearing by the Supreme Court represents Hassan’s last chance in Canada to obtain justice.

If extradited to France, Hassan would be tried under France’s anti-terrorism laws where secret intelligence from unknown sources is admitted as evidence. In Dr. Diab’s case, no one – not even the French judge – knows where the intelligence came from, the circumstances under which it was obtained, and whether or not it has any reliability. There is a real risk that this intelligence is the product of torture.

Also alarming is the fact that a discredited handwriting analysis report remains in the dossier in France. The report claims that Dr. Diab’s handwriting resembles five words written by the suspect on a hotel registration card in 1980. Five internationally renowned handwriting experts found that the report is fatally flawed, utterly unreliable, and does not follow recognized methodology; in fact, the experts found that the evidence points to Dr. Diab’s innocence. The extradition judge himself described the report as “very problematic”, “convoluted”, “very confusing”, and “suspect”, but stated that he felt obliged under Ontario’s interpretation of the extradition law to commit Dr. Diab for extradition. It is worthwhile to note that two previous handwriting analysis reports that allegedly linked Dr. Diab to the suspect were withdrawn from the extradition hearing in Canada after Hassan’s lawyers showed that many of the documents that were “matched” to the suspect were not written by Hassan, but rather by someone else. While the French authorities withdrew these two reports from the extradition hearing in Canada, they too remain in the dossier in France.

Questions of Public Importance Raised by Dr. Diab’s Case

Hassan’s lawyers urged the Supreme Court of Canada to hear Dr. Diab’s appeal to resolve two constitutional questions of public importance.

The first question relates to the correct interpretation of Ferras, the leading Supreme Court case on extradition. Appellate courts in Canada are deeply divided on this issue. Dr. Diab’s lawyers argue that Dr. Diab would have been discharged if his case were heard in British Columbia, given that the British Columbia Court of Appeal requires extradition judges to deny extraditions in cases, like Dr. Diab’s, in which the evidence as a whole is so unreliable that it would be unsafe to convict. In contrast, the Ontario Court of Appeal follows a more restrictive test, which limits the task of the extradition judge to examining individual pieces of evidence to determine whether they are “manifestly unreliable”. It does not permit extradition judges to weigh inferences, evaluate the strength of the case put forward, or deny extradition where the judge felt the case to be weak or a conviction unsafe.

The second question is about protections afforded to Canadians by the Charter. It centers on whether a criminal trial which is based in part on anonymous intelligence that cannot be meaningfully tested ever meets the requirement of a fair process. If extradited to France, Dr. Diab would be tried on the basis of an anonymous intelligence report that no one – not even the French judge – knows where it came from, the circumstances under which it was obtained, and whether it has any reliability.

Background

See: Background Information

Statement of Support for
Dr. Hassan Diab by Solidaires Union in France

Posted on October 18, 2014 by Justice for Hassan Diab

“We condemn the wrongful termination of Professor Diab from Carleton University on the basis of an extradition request which neither respects the independence of the University nor the presumption of innocence of a man who has never been convicted of any crime. We condemn the fierceness of the French judicial system based on a weak case against a man who is not allowed to defend himself.

We strongly condemn that secret information from unidentified sources, that may have been obtained under torture, can be used at court in France.

We call for the immediate reinstatement of Mr. Diab at the University and the removal of his electronic bracelet.

We call for an end to this hell inflicted upon Hassan Diab, and the end of the extradition request, as serious and transparent evidence as well as expertise of good quality have not been put forward, and as elements in defense of Mr. Diab have not been considered.

We must ensure that the real perpetrators of the Rue Copernic crime are brought to justice, but prosecution based on such a weak case cannot lead to the truth.”

Read the full statement:

What’s Wrong with Canada’s
Extradition Law

Posted on August 17, 2014 by Justice for Hassan Diab

Please help us reform Canada’s extradition law!

Canada’s extradition law is unjust:

In extradition, Canadian standards of evidence do not apply. The standard for extradition is so low that Canada hands people over to other countries more or less for the asking, based on the flimsiest of evidence that would not be accepted in a Canadian trial.
Evidence submitted by the foreign country is presumed reliable, and the ability of the person sought to challenge the case against him or her is severely curtailed.
The foreign country can cherry-pick its evidence and conceal exculpatory evidence. The person sought has no right to disclosure of evidence beyond what the foreign country chooses to place in the Record of the Case.
Canada’s extradition law places the burden of proof on the person sought to show that the evidence against him or her is “manifestly unreliable”. The test for unreliability is so high that it is virtually impossible to meet.
Canada extradites its citizens to countries that use secret intelligence as evidence, including intelligence obtained from torture.
There is a great divide among the provinces across Canada in how they interpret and apply the federal extradition law, and this is contrary to the fundamental principle that all Canadians should be treated equally before the law.
Canada’s extradition law is unbalanced. Canada extradites its citizens to countries that do not extradite their own citizens (France, for example).

In Dr. Diab’s case:

The Canadian extradition judge described the evidence against Hassan as “very problematic,” “suspect,” and “weak”. He said that “the prospects of conviction in the context of a fair trial seem unlikely”, but stated that his interpretation of Canada’s extradition law left him no choice but to commit Hassan to extradition.
The case was allowed to go forward despite numerous serious contradictions and misrepresentations in the Record of the Case, and despite the reliance on secret intelligence.
Evidence showing that Hassan’s finger and palm prints do not match those of the suspect has been suppressed and not allowed in the extradition hearing.
Hassan would be a free man if he was living in Vancouver instead of Ottawa, as the province of British Columbia interprets the extradition law differently from Ontario.
French authorities revealed that Dr. Diab is not charged, and that he is wanted for investigation purposes only. Despite this revelation, and despite the fact that extradition must be for trial only, the Canadian Minister of Justice signed an order surrendering Hassan for extradition.
If extradited, Hassan will be torn from his home and family to languish in jail, possibly for years without trial, while France continues its 33-year investigation.

If it can happen to Hassan, it can happen to any one of us!

Despite Setback, Hassan Determined to
Continue Fight for Justice

Posted on May 15, 2014 by Justice for Hassan Diab

The Court of Appeal for Ontario upheld Dr. Hassan Diab’s extradition. A disappointing decision from the Court for Hassan, as well as for the rights of Canadians. But we will fight on! Hassan’s lawyers are seeking leave to appeal to the Supreme Court of Canada.

In reaction to the decision, Hassan gave the following statement.

Court of Appeal Will Release Its Decision on Thursday May 15

Posted on May 12, 2014 by Justice for Hassan Diab

The Court of Appeal for Ontario will release its decision regarding Dr. Hassan Diab’s extradition on Thursday May 15, 2014.

We are planning a press conference and RALLY on Parliament Hill in Ottawa on the same day.

What:	Rally in Support of Dr. Hassan Diab
Date:	Thursday May 15, 2014
Time:	11:30 AM – 1:00 PM
Place:	Outside Centre Block, Parliament Hill, Ottawa (look for group with “Justice for Hassan Diab” signs and banners)

No matter what the outcome is, your presence at the rally will demonstrate that we care about justice, and we oppose extradition based on anonymous and unreliable intelligence and on a single handwriting analysis report that has been discredited and condemned in Court.

We will have signs and banners. Please, also bring your own signs or banners!

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”.

For more information, contact:
Hassan Diab Support Committee
http://www.justiceforhassandiab.org
diabsupport@gmail.com

Background

Hassan’s appeal to overturn his extradition was heard by the Court of Appeal for Ontario on November 4 and 5, 2013. Amnesty International, the British Columbia Civil Liberties Association (BCCLA), and the Canadian Civil Liberties Association (CCLA) filed interventions with the Court in support of Dr. Diab.

Five internationally-recognized handwriting experts had testified that the handwriting analysis report by a French analyst is totally flawed and does not follow recognized methodology in the field. The extradition judge who committed Hassan to extradition 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 here in Canada and take a lie detector test, but there has been no response to either offer.

“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

Join the Hundred for Hassan Campaign

Posted on April 25, 2014 by Justice for Hassan Diab

Dr. Hassan Diab has not been charged with any crime, yet he must pay $2,000 per month for the cost of his own surveillance—a GPS device he is required to wear—or be imprisoned. Join the HUNDRED FOR HASSAN Campaign and be one of an increasing number of conscientious people who are making a statement of support for Hassan by contributing $20 a month to cover the cost of his GPS monitoring. This is our way of taking a public stand and saying, “This is just wrong”.

Add yourself to the Photo Wall! Join the HUNDRED FOR HASSAN Campaign and send your picture and quote to diabsupport@gmail.com.

See: Background Information

Thank You

Posted on April 14, 2014 by Justice for Hassan Diab

A huge THANK YOU for everyone who came to the Social Evening and Fundraiser for Hassan Diab on April 11. Great food, music, speakers and more! Participants had a terrific time while supporting justice for Hassan Diab.

Social Evening and Fundraiser for Hassan Diab

Posted on April 3, 2014 by Justice for Hassan Diab

The Hassan Diab Support Committee is organizing a social evening and fundraiser for Hassan Diab and invites you 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 Avenue; 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:
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! 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!

Contact:
Hassan Diab Support Committee
diabsupport@gmail.com