
Earlier this month Canadian Justice Minister Rob Nicholson signed an extradition order allowing for the surrender of Canadian citizen, Ottawa U professor Hassan Diab, to French authorities. Dr Diab has been accused of involvement with a 1980 bombing outside a synagogue on Rue Copernic, Paris. He has steadfastly proclaimed his innocence.
Following the 2008 arrest of Diab by the RCMP acting on behalf of French authorities, Diab was placed in custody for over 4 months and denied bail. He was later placed under house arrest. He has to wear a GPS electronic ankle monitor and can only leave his home with a surety.
The Nicholson move follows an Ontario Court ruling last year that saw Justice Robert Maranger commit Diab for extradition. However Maranger stated that the case against Diab was “very problematic”, “very confusing”, “very convoluted” and drew “suspect conclusions”. He said “the prospects of conviction in the context of a fair trial seem unlikely” but noted that his interpretation of Canada's extradition law left him no choice.
Fact is, based on the flimsy evidence a Canadian court would almost certainly throw the case out. Diab's lawyer, Donald Bayne, says the case against his client is “is anchored centrally around unsourced, uncircumstanced, …, anonymous intelligence assertions."
Other evidence against Diab? Problematic police sketches made sometime after the bombing and flawed analysis of handwriting found on a hotel registration card. Two of the handwriting experts were discredited by experts for the defence. A top British expert characterized the evidence presented by the French as “demonstrably false." The French went so far as to disavow the evidence of their own "experts."
Not only is Diab's handwriting not a match for that of the suspect, his finger and palm prints don't match either. Diab is being extradited for mere questioning by French authorities who cite anonymous "intelligence" sources related to the case.
Diab's lawyer, Donald Bayne, has rightly said that the move represents "a dangerous new low" in Canadian law:
“We simply cannot be sending Canadians abroad, around the world, so that foreign regimes can investigate them... They either have a case against them or they don’t.”
Canada's Supreme Court has held that trials based on unchallengeable intelligence are contrary to the principles of fundamental justice. France has been condemned in the past for running trials based on intelligence. It has been accused of violating Article 6 of the European Convention on Human Rights, the right to fair trial. Link to Human Rights Watch for more.
BC lawyer Gary Botting who has extensive experience representing clients in extradition cases, said that in the absence of necessary evidence on the part of the French to take it to trial, Diab should not be extradited. Botting is quoted in the Globe and Mail as saying that such a move would be “... a complete misuse of the extradition process...”
The problem with this high handed application of Canada's extradition law is that the decision has the appearance of being more about politics than just procedure. Given all that is known, the extradition order amounts to a violation of Dr Diab's legal and human rights.
There is good reason to believe that this case has been additionally politicized as a result of the recent Merah shootings in France and the anti-immigrant climate in that country.
From another perspective Nicholson's move comes as no surprise, given that the Harper government has demonstrated bias in related matters time and again.
The court ruling is being appealed. An appeal will also be launched against Nicholson's decision.
You can sign a petition here to protest the extradition of Hassan Diab.
Hassan Diab supporters get out the message:


Video that covers some key areas in the Diab case:



























