“Few Canadians are aware that Canada’s extradition law allows the forced removal of Canadians to other countries based on “evidence” that would be inadmissible in Canadian courts. Canada’s extradition law presupposes that any evidence submitted by the requesting state is reliable, thereby sacrificing fundamental standards of justice and due process to foreign policy considerations.

A foreign state is only required to provide a summary of its case and does not have to disclose any evidence which supports the defendant’s innocence. It is not surprising that Gary Botting, a leading expert on extradition, proclaimed Canada’s extradition law “the least fair act.” No other case in recent memory has exposed the unfairness of Canada’s extradition law more starkly than the Diab case…”

Read the full Op-Ed, published by the Ottawa Citizen, October 29, 2013

Please come out to show solidarity with Dr. Hassan Diab! Join us at the Court of Appeal for Ontario, for a crucial hearing regarding Canada’s unjust extradition law. You can attend Court the whole day or come and go whenever you wish.

Amnesty International, the British Columbia Civil Liberties Association (BCCLA), and the Canadian Civil Liberties Association (CCLA) have filed interventions with the Court expressing their deep concerns about Hassan’s case!

Take a stand against extradition based on secret intelligence and a single handwriting analysis report that has been discredited and condemned in Court.

NEW: For those who cannot make it to Toronto, there will be a live video feed of the appeal hearing into the Ian Scott Courtroom on the University of Ottawa campus. The live feed will cover both days, November 4 and 5, and will be open to the public. Click here for more information.

For information about transportation from Ottawa to Toronto, contact:
     Ria Heynen (Email: r-j.heynen@bell.net)

For general information, contact:
      Don Pratt (Email: diabsupport@gmail.com)

See: Background Information

“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

Dr. Hassan Diab, a Lebanese Canadian academic, is facing extradition to France for questioning regarding an attack near a synagogue in Paris in 1980. Dr. Diab has never been charged with any crime, yet since late 2008 he has either been imprisoned or living under very strict bail conditions that include having to pay about $2,000 each month for a GPS monitoring device. A Canadian judge committed Dr. Diab to extradition even though the judge found the evidence “very problematic”, “convoluted”, “very confusing”, and “suspect”. The Canadian Minister of Justice ordered Dr. Diab’s surrender to France, even though Dr. Diab is not charged with any crime.

Dr. Diab’s case points to glaring problems with Canada’s extradition law. In extradition cases, the Charter rights of the person sought are severely compromised. Canadian standards of evidence do not apply. The standard for extradition is so low that Canada hands people over to other countries based on evidence that is not acceptable in Canadian courts. Canada has extradition treaties with countries that allow secret intelligence, including intelligence that may have been the product of torture, to be used as evidence at trial.

Everyone should be concerned about this injustice.
Closure to the 1980 tragedy cannot come at the expense of an innocent man.

Call for Support and Solidarity

To many people, “debtors’ prison” sounds like an archaic institution, something out of a novel by Charles Dickens. But the idea of imprisoning people who can’t pay what they “owe” is alive and well in the case of Dr. Hassan Diab. Hassan will be put in prison if he does not pay his “creditor” – in this case, the Canadian government – $2,000 per month for the cost of his own surveillance.

We invite you to be one of 100 people – A HUNDRED FOR HASSAN – who care about due process and the presumption of innocence and oppose abusive extradition proceedings, by pledging $20 or more per month or more to share the cost of Dr. Diab’s oppressive burden. This is our way of taking a public stand and saying, “This is just wrong.”

To make a contribution and join the Hundred for Hassan Campaign, visit:
http://www.justiceforhassandiab.org/donate

To add your name to the Hundred for Hassan Statement, send an email to:
diabsupport@gmail.com

You are cordially invited to an event hosted by the Hassan Diab Support Committee. This is a special opportunity to meet Dr. Hassan Diab, learn about the Kafkaesque situation he has faced since 2008, and hear about the latest developments in his extradition case. Hassan’s appeal of the extradition decision will be heard by the Ontario Court of Appeal in Toronto on November 4 and 5, 2013.

 
Admission is free. All are welcome. Bring your family and friends!

Map: http://goo.gl/maps/16ExP
TTC: Bathurst station on the Bloor-Danforth subway line (exit to Markham Street)

Speakers:

• Hassan Diab – Hear from the man who has been facing Kafkaesque extradition proceedings since 2008.
• Barbara Jackman – Attorney and human rights advocate, specializing in cases involving national security and domestic and international human rights issues.
• Daniel Sheppard – Attorney and member of Hassan’s legal team. His interests include international human rights and international criminal law.

The evening will also feature:

• Live musical entertainment
• Poetry reading
• Raffle and silent auction
• Complimentary snacks and refreshments

See: Background Information

As reported in the Ottawa Citizen, three human rights organizations – Amnesty International, the Canadian Civil Liberties Association, and the British Columbia Civil Liberties Association – have filed interventions with the Ontario Court of Appeal, expressing their deep concerns about Hassan Diab’s case.

In its written intervention, Amnesty says extraditing a person to face a trial where evidence gleaned from torture could be introduced violates Canada’s obligations under international law.

“The Minister of Justice should refuse extradition where there is a real risk that torture-derived evidence would be used at trial,” it says.

In its comments on the handwriting evidence, the Canadian Civil Liberties Association notes that there is “a substantial body of evidence” that questions its reliability and Maranger’s decision to allow it to stand has “far-reaching implications” for Canadian law.

“Bitter experience has demonstrated that unreliable evidence can take many forms and occasion much injustice,” it says. “Over the past 25 years Canada’s growing platoon of the wrongfully convicted has exposed the risk of unreliable evidence occasioning miscarriages of justice.”

Read the full Ottawa Citizen article:

http://www.ottawacitizen.com/news/Human+rights+groups+sound+alarm+over+Diab+extradition+evidence/8612960/story.html

Join Hassan Diab and his supporters for an evening of great food and live music, while supporting a good cause!

Date: Saturday April 6, 2013
Time: 5:00 PM – 8:30 PM
Place: Church of the Ascension, 253 Echo Drive, Ottawa, Canada – map

• Music by Amelia Leclair of the Three Little Birds
• Delicious food
• Update from Hassan’s Lawyer
• Interview with Hassan
• Auction and Raffle

Buses No. 5 and 16 stop nearby; get off at Main St. and Lees Ave.
Free parking is available at the adjacent parking lot at Immaculata High School.

There is no need to reserve in advance and no charge for the evening, but your donations will be greatly appreciated. If you cannot come to the event and would like to donate, please visit: http://www.justiceforhassandiab.org/donate

For further information, write to diabsupport@gmail.com.

Background

“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 have never participated in any terrorist attacks. I am not an anti-Semite.I have always been opposed to bigotry and violence.”

Dr. Hassan Diab speaking at a press conference in Ottawa, Canada

Dr. Hassan Diab, a Canadian citizen, is at risk of being extradited to France, based on false evidence and antiquated extradition laws. He has not been charged with any offense but has been held in prison or under house arrest since November 2008.

We should all be worried about this injustice!

Dr. Maeve McMahon, an Associate Professor of Law and Criminology at Carleton University in Ottawa, Canada, wrote a memorandum to members of The European Group for the Study of Deviance and Social Control. The memorandum details the due process violations and human rights issues raised by Hassan Diab’s case.

“As a social scientist and criminologist with knowledge about certain areas of the Canadian criminal justice system (notably with respect to issues of imprisonment and policing), I have been astounded by what I have learned about the extradition process in Canada since I began to pay closer attention to the case of Dr. Hassan Diab as of the spring of 2011…

A multitude of legal, ethical, and socio-political issues arise concerning the case of Dr. Hassan Diab. Fundamental among these is the law of extradition in Canada and the extent to which it does, and does not, comply with Canada’s Constitution and especially the Charter of Rights and Freedoms. Also fundamental is the extent to which Canadian legislation concerning extradition does and does not comply with international conventions concerning human rights, as well as progressive norms concerning due process and the rule of law…

Supporters of Dr. Hassan Diab are already numerous. However it is hoped that, as people learn more about the details of this case, they will consider taking action…”

Read more at: http://www.justiceforhassandiab.org/issues-raised-by-diab-case

Hassan’s Kafkaesque situation continues following the decision by an Ontario judge to commit him to extradition (June 2011), and the order by Minister Nicholson to surrender him to France (April 2012). This is despite the fact that Hassan is not charged with any crime, and French investigators have informed Minister Nicholson that they are seeking Dr. Diab’s extradition for questioning. Hassan has repeatedly affirmed that he is willing to answer questions from French authorities here in Canada. He has also agreed to submit to a lie-detector test. Hassan’s lawyers are preparing an appeal of both the Judge’s decision and the Minister’s order. The appeal is expected to be heard in 2013.

It is tragic that Hassan, a peace loving individual who has always opposed bigotry and violence, is being subjected to grave injustices in the name of extradition. There is no evidence to support the case against Hassan. His palm prints and finger prints do not match those of the suspect. The record of the case is rife with contradictions and inaccuracies. The decision to extradite Hassan is based on a handwriting analysis report submitted by France that claims similarity between Hassan’s handwriting and five words written by the suspect. This report was denounced by internationally renowned experts as deeply flawed, biased, and unreliable. The extradition judge himself found the report to be “convoluted”, “very confusing”, and “with conclusions that are suspect”. He declared that “the prospects of conviction in the context of a fair trial seem unlikely”, but said his interpretation of Canada’s extradition law left him no choice but to commit Hassan to extradition. If Hassan’s case were tried in Canada, the case would be thrown out of court.

In the meantime, Hassan continues to live under very strict bail conditions that include paying $2,000 per month for a GPS device that he must wear all the time.

Dr. Hassan Diab is fighting extradition to France for his alleged involvement in a bombing in Paris in 1980 – a crime he did not commit. Dr. Diab’s fingerprints, palm prints, and other physical characteristics do not match those of the suspect. Yet, in June 2011, a Canadian extradition judge decided to commit Hassan to extradition based on handwriting analysis that the judge himself described as “problematic”, “very confusing”, and with “conclusions that are suspect”.

In his judgment the judge wrote that while he felt obliged under Ontario’s interpretation of extradition law to commit Dr. Diab, he found the French evidence was weak and below the standard necessary to produce a conviction in a Canadian court.

In April 2012, Justice Minister Rob Nicholson signed an order surrendering Dr. Hassan Diab to France, despite new information emanating from French officials stating that Dr. Diab is wanted in France for mere questioning, and that no decision has been made about whether to try Dr. Diab. Mr. Donald Bayne, Hassan’s lawyer, noted that Canada’s Extradition Act does not allow the Justice Minister to surrender Canadian citizens to other countries for mere questioning and to languish in jail for years without trial.

The case against Dr. Diab is anchored in unsourced, anonymous intelligence assertions that cannot be tested in a court of law. If extradited, Hassan will not receive a fair trial in France’s counter-terrorism courts. These courts place severe limitations on the ability of Hassan’s defence to challenge the handwriting analysis, and allow the use of unsourced, 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.

Hassan’s case is a wake-up call for all of us. The standard for extradition is so low that Canada hands people over to other countries based on evidence that is not accepted in a Canadian court. Moreover, France does not extradite its own citizens, which makes the extradition treaty between Canada and France dangerously unbalanced.

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 is appealing both the extradition judge’s committal order and the Justice Minister’s surrender order. He continues to live under very strict bail conditions and is saddled with hefty legal fees, as well as paying $2,000 per month for the GPS monitoring he is required to wear.

How You Can Help

Contact your Canadian Member of Parliament (MP) about Hassan’s plight and urge him/her to reform Canada’s unfair extradition law.

• If you live in Canada, write to the MP for your riding. Please share your letter with Mr. Paul Dewar, the MP for Hassan’s riding (Ottawa Centre).
• If you live outside Canada, write to Mr. Paul Dewar, the MP for Hassan’s riding (Ottawa Centre).

Background Information

• Rabble.ca article
• Ottawa Citizen article