In a new Open Letter calling for an end to fifteen years of manifest injustice in the case of Canadian citizen Hassan Diab, over 130 members of the Canadian legal community – including law professors, retired judges, practicing and retired lawyers, and legal researchers from across the country – have called on Prime Minister Trudeau to deny the French government’s second request that Dr. Diab be extradited to France.
The letter reminds the Prime Minister of his comments in 2018, after Hassan Diab returned to Canada following his earlier extradition. Dr. Diab had been held in a maximum-security prison in Paris for more than three years, almost entirely in solitary confinement and he was never officially charged or brought to trial. He was released and returned to Canada after the French investigative judge found solid evidence that he was in fact in Lebanon when the crime he was extradited for was committed. Prime Minister Trudeau stated that what had happened to him “never should have happened” and that steps would be taken to “make sure that it never happens again.”
In April 2023, Dr Diab was declared guilty by a French tribunal after a short and unjust trial. There is great political pressure in France for someone, apparently anyone, to be convicted for this terrible crime; it appears a conviction was inevitable, despite the lack of an actual case. In the view of the undersigned, this cannot stand.
Read the full media release here. The full letter is below.
June 8, 2023
The Right Honourable Justin Trudeau
Prime Minister of Canada
80 Wellington Street
Ottawa, ON K1A 0A2
Dear Prime Minister:
As you know, for years many Canadians have been alarmed by the ongoing nightmarish ordeal of Dr. Hassan Diab, who was unjustly accused and has now been wrongfully convicted for a terrorist bombing that took place in Paris in 1980. In 2014, Dr. Diab was extradited to France on the basis of handwriting evidence that even the Ontario Superior Court Justice who committed him found to be “convoluted, very confusing, [and] with conclusions that are suspect.”
Dr. Diab was then subjected to solitary confinement for over three years—before being released following nearly three years of extensive investigation by two of France’s most experienced juges d’instruction (Jean-Marc Herbaut and Richard Foltzer) who concluded unequivocally that there existed no evidence to support sending Dr. Diab to trial (“Attendu qu’il n’existe dès lors pas de charges suffisantes contre Hassan Naim DIAB […] Ordonnons en conséquence la mise en liberté immédiate de Hassan Naim DIAB” (Jean-Marc HERBAUT et Richard FOLTZER: Ordonnance de non-lieu, p. 72 (le 12 janvier 2018)).
Five years have gone by and Dr. Diab’s situation has become even more shocking. Incredibly, in April of this year the French Special Assize Court (Cour d’assises spéciale) proceeded with a prosecution of Dr. Diab, in absentia, and he was convicted and sentenced to life imprisonment. An arrest warrant was also issued (“CONDAMNE, à la majorité, Hassan DIAB à la peine de la réclusion criminelle à la perpétuité; DÉCERNE mandat d’arrêt à l’encontre de Hassan DIAB.” (Cour d’assises de Paris, Arrêt criminel, No 21/0073, du 21 avril 2023)). This was despite clear previous acknowledgment by French prosecutors and courts that the main evidence said to prove his guilt—a handwriting analysis—was methodologically flawed and amounted to worthless evidence. Yet this same evidence was admitted at the trial, along with unsourced “intelligence” the origin of which could not be traced by the prosecution.
Moreover, according to French media reports and personal communications from supporters of Dr. Diab who attended the trial, the court ignored all exonerating evidence, including evidence that he was in Lebanon when the bomber was in Paris for at least 12 consecutive days from Sept 22 to Oct. 3, 1980; and dismissed the findings of the juges d’instruction that there was no valid case for conviction. Journalists who were not witnesses to any of the relevant events were called to give their “expert” opinions of guilt at the trial. Incredibly, there is no written transcript or recording of the court proceedings.
To be clear, the only new evidence adduced at trial was evidence strongly showing innocence—forensic fingerprint evidence on both the hotel card and police statement of the bomber that excluded Dr Diab, and evidence that he was in Lebanon when the bomber was in Paris. Observers at the trial noted that the Presiding Judge was uninterested in the defence evidence.
The verdict was decided by a majority of the five judges, meaning that one or maybe two judges opposed the ‘guilty’ verdict. There is no jury system available in the French anti-terrorist court and, following an in absentia verdict, there is no right of appeal. [Code de procédure pénale, Article 698-6 (Modifié par LOI no. 2021-1729 du 22 décembre 2021, art.15(V)]
Unsurprisingly, and as noted, a conviction was entered, and an arrest warrant was issued. On April 27, 2023, Senator Marc Gold, the Representative of the Government in the Senate, stated publicly that France has requested Dr. Diab’s extradition. There is great political pressure in France for someone, apparently anyone, to be convicted for this terrible crime; it appears a conviction was inevitable, despite the lack of an actual case. In the view of the undersigned, this cannot stand.
Prime Minister, in its decision regarding Dr. Diab’s initial extradition (France v. Diab, 2014 ONCA 374), the Ontario Court of Appeal ruled that extradition would be Charter-compliant for two important reasons: France was ready for trial, so Dr. Diab would not “languish in prison”; and there was no “real risk” that torture-derived evidence (via intelligence sources) would be used against him. Both of those have now come to pass. Dr. Diab did, indeed, languish in prison, before the case against him collapsed; and the intelligence evidence adduced at trial was admitted despite the prosecution’s acknowledgment that it was impossible to know its origin, raising the real concern, in fact the clear likelihood, that it was derived from torture.
We acknowledge that France is a longstanding treaty partner of Canada, but in this case, at nearly every turn, the French government’s actions have been in bad faith. The manifest unfairness of Dr. Diab’s trial raises the concern that France is in breach of its fair trial obligations under Article 14 of the International Covenant on Civil and Political Rights, to which Canada and France are both parties. It further raises the prospect that, were Canada to extradite Dr. Diab, it would similarly be in breach of the Covenant by extraditing an individual to face a manifestly unfair criminal justice process.
Prime Minister, when Dr. Diab returned from France in 2018, you said that what had happened to him “never should have happened,” and that efforts would be made to ensure it did not happen again. We respectfully ask your government to keep your promise. As Amnesty International stated in March 2023, “Justice does not…come by pursuing a man against whom both the Canadian and French justice systems have already found there to be a lack of credible evidence.”
Extradition is an important tool in combating transnational crime, but it should not and must not be used as an instrument of persecution and scapegoating. France’s request for Canada to extradite Dr. Diab must be denied.
Respectfully submitted,
Robert J. Currie, K.C.
Professor of Law, Schulich School of Law, Dalhousie University, Halifax, Nova Scotia
Alex Neve, O.C.
Barrister and Solicitor, Adjunct Professor of International Human Rights Law, Ottawa, Ontario
Co-signatories:
Sharry Aiken, Faculty of Law, Queen’s University, Toronto, Ontario
John Packer, Director of the Human Rights Research and Education Centre, University of Ottawa, Ottawa, Ontario
Richard Moon, Distinguished University Professor, University of Windsor, Toronto, Ontario
Ardi Imseis, Faculty of Law, Queen’s University, Ottawa, Ontario
Mohammad Fadel, Professor at the Faculty of Law, University of Toronto, Ontario
Faisal Bhabha, Osgoode Hall Law School, York University, Toronto, Ontario
Obiora Okafor, Professor, Toronto, Ontario
Mary Ann Higgs, Lawyer, Kingston, Ontario
Ashwini Vasanthakumar, Queen’s National Scholar & Associate Professor, Queen’s Law School, Kingston, Ontario
Vasanthi Venkatesh, Associate Professor, University of Windsor, Faculty of Law, Toronto, Ontario
Dania Majid, Arab Canadian Lawyers Association, Toronto, Ontario
Martha Jackman, Professor, Faculty of Law, University of Ottawa, Ottawa, Ontario
Colin Grey, Associate Professor, Queen’s University Faculty of Law, Toronto, Ontario
Eric Tucker, Emeritus Professor, Osgoode Hall Law School, York University, Toronto, Ontario
Jared Will, Lawyer, Toronto, Ontario
Reem Bahdi, Associate Professor, Windsor Law, University of Windor, Windsor, Ontario
Harini Sivalingam, Lawyer, Toronto, Ontario
Valerie Oosterveld, Professor, Faculty of Law, Western University, London, Ontario
Dr. Gary Botting, Author, Canadian Extradition Law Practice, Hope, British Columbia
Denise Reaume, Professor Emerita, University of Toronto, Toronto, Ontario
Maseeh Haseeb, PhD candidate in the Faculty of Law, Queens University, Ottawa, Ontario
Aditya Rao, Lawyer, Ottawa, Ontario
François Crépeau, Professor of Public International Law, Faculty of Law, McGill University, Montreal, Quebec
André Capretti, Lawyer, Montréal, Québec
Irina Ceric, Assistant Professor, University of Windsor Faculty of Law, Toronto, Ontario
Michael Byers, Professor & Canada Research Chair in Global Politics and International Law, University of British Columbia, Vancouver, British Columbia
Anna S, Lawyer, London, Ontario
Pearl Eliadis, Lawyer & Associate Professor (professional), Max Bell School of Public Policy, McGill University, Montreal, Quebec
Professor Errol Mendes, Faculty of Law, University of Ottawa, Ottawa, Ontario
Dr. Adelina Iftene, Associate Professor, Schulich School of Law, Dalhousie University, Halifax, Nova Scotia
Lisa Taylor, JD, LLM – academic, Halifax, Nova Scotia
Robin Parker, Lawyer, Toronto, Ontario
Joseph Rikhof, Crimes against Humanity and War Crimes Section, Justice Canada (retired); Adjunct Professor, Common Law Faculty, University of Ottawa, Ottawa, Ontario
Joanna Harrington, Professor, Faculty of Law, University of Alberta Edmonton, Alberta
Professor D.A. Rollie Thompson KC, Professor Emeritus of Law, Schulich School of Law, Dalhousie University, Halifax, Nova Scotia
Mitchell Goldberg, Lawyer, Montreal, Quebec
Hilary Young, Professor of Law, Faculty of Law, University of New Brunswick, Fredericton, New Brunswick
David Fraser, Lawyer, Halifax, Nova Scotia
Emilie Taman, Lawyer, Ottawa, Ontario
Katie Sykes, Faculty of Law, Thompson Rivers University, Kamloops, British Columbia
John D Gregory, retired lawyer, Toronto, Ontario
Hon. Marilou McPhedran, Independent Senator – Manitoba, Ottawa, Ontario
Michael Lynk, Former United Nations Human Rights Special Rapporteur, London, Ontario
Charis Kamphuis, Associate Professor, Faculty of Law, Thompson Rivers University, Kamloops, British Columbia
Shelley Hounsell-Gray, K.C., Lawyer, Bedford, Nova Scotia
Christopher Waters, Professor, Faculty of Law, University of Windsor, Windsor, Ontario
Nicole O’Byrne, Associate Professor Faculty of Law University of New Brunswick, Fredericton New Brunswick
Raphael Vagliano, International human rights lawyer, Halifax, Nova Scotia
Colton Fehr, Assistant Professor, Faculty of Law, Thompson Rivers University, Kamloops, British Columbia
Nicholas Pope, Human Rights Lawyer, Hameed Law, Ottawa, Ontario
Jamie Liew, Full Professor, University of Ottawa, Faculty of Law, Ottawa, Ontario
Jolene Hansell, Criminal Lawyer and Part-Time Professor at the University of Ottawa, Ottawa, Ontario
Rabiat Akande, Assistant Professor, Osgoode Hall Law School, Vaughan, Ontario
A. Wayne MacKay, CM, KC, Professor Emeritus of Law, Schulich School of Law, Dalhousie University, Halifax, Nova Scotia
Chantal Tie, University of Ottawa, part-time Professor, Immigration, Wakefield, Quebec
Hugh Kindred, Professor Emeritus, Schulich School of Law, Dalhousie University, Halifax, Nova Scotia
Donna Davis, Lawyer, Halifax, Nova Scotia
Benjamin Perryman, Assistant Professor, University of New Brunswick Faculty of Law, Fredericton, New Brunswick
Khalid M. Elgazzar, Lawyer, Ottawa, Ontario
Seth Weinstein, Lawyer, Author of Prosecuting and Defending Extradition Cases, Toronto, Ontario
Geneviève Paul, International human rights jurist, Montréal, Québec
Leilani Farha, Global Director, The Shift, Ottawa, Ontario
Paul A. Falvo, Legal counsel, Yellowknife, Northwest Territories
Ammad Anwar, Partner, Anwar & Riou Law Office, Unity, Saskatchewan
Syed Rizvi, Affinity Law PC, Milton, Ontario
Jouman El-Asmar, Lawyer, EL-ASMAR LEGAL, Edmonton, Alberta
Barbara Jackman, Lawyer, Toronto, Ontario
Sara Wharton, Associate Professor, University of Windsor, Faculty of Law, Windsor, Ontario
Penelope Simons, Professor and Gordon F.Henderson Chair in Human Rights, Faculty of Law, University of Ottawa, Ottawa, Ontario
Amanda Ghahremani, International criminal lawyer, Toronto, Ontario
Naiomi Metallic, Associate Professor, Schulich School of Law at Dalhousie University, Halifax, Nova Scotia
Gregory Willoughby, Immigration & Refugee Lawyer, London, Ontario
Tashi Alford-Duguid, Lawyer, Toronto, Ontario
Peggy Malpass, Retired lawyer, Adjunct Professor of Law Ottawa U, Toronto, Ontario
Janet van der Vink, Immigration lawyer, Ottawa, Ontario
Érick Sullivan, Lawyer, Canadian Partnership for International Justice, Québec, Québec
Mark Kersten , Associate Professor, Criminology & Criminal Justice, University of the Fraser Valley, Vancouver, British Columbia
Lee Seshagiri, Managing Lawyer, Appeals Office – Nova Scotia Legal Aid, Halifax, Nova Scotia
Eric V. Gottardi, K.C., Lawyer, Peck and Company, Vancouver, British Columbia
Frank Addario, Addario Law Group, Toronto, Ontario
Professor Maureen Duffy, Associate Professor, University of Calgary Faculty of Law, Calgary, Alberta
Meghan McDermott , Lawyer, BC Civil Liberties Association, Vancouver, British Columbia
David VanderZwaag , Professor of Law, Schulich School of Law, Dalhousie University, Halifax, Nova Scotia
Sherif M. Foda, Foda Law, Toronto, Ontario
Brock Martland, KC, Criminal Barrister, Martland & Saulnier, Vancouver, British Columbia
Mehrak Hazaveh, Lawyer, Ottawa, Ontario
Philip Girard, Professor, Osgoode Hall Law School, York University, Toronto, Ontario
Sarah Lindsay MacLeod, Lawyer, Burchell Wickwire Bryson LLP, Halifax, Nova Scotia
Gib van Ert, Lawyer, Ottawa, Ontario
Arash Ghiassi, Lawyer, Toronto, Ontario
Shakir Rahim, Lawyer, Toronto, Ontario
Laïla Demirdache, Lawyer, Ottawa, Ontario
Jessica Chandrashekar, Lawyer, Toronto, Ontario
Maeve McMahon, Associate Professor, Law and Legal Studies, Carleton University (retired), Ottawa, Ontario
Hon. Elizabeth Roscoe, Retired Justice, Nova Scotia Court of Appeal, Upper Malagash, Nova Scotia
Sarah Douglas, Lawyer, Halifax, Nova Scotia
Yazan Matarieh, Lawyer, Halifax, Nova Scotia
Udani Perera , Perera Legal Group, Lawyer, Calgary, Alberta
Audrey Macklin, Professor, Faculty of Law and Centre for Criminology and Sociolegal Studies, University of Toronto, Toronto, Ontario
Sharmin L. Rahman, Lawyer, BDO Law LLP, Toronto, Ontario
Evan Fox-Decent, Professor of Law and Canada Research Chair, McGill University, Faculty of Law, Montreal, Quebec
Mariana Valverde, Professor Emeritus, Centre for Criminology and Sociolegal Studies, University of Toronto, Toronto, Ontario
Paul Champ, Human Rights Lawyer, Champ Law, Ottawa, Ontario
Lex Gill, Litigator and Course Lecturer (McGill University), Montreal, Québec
Yavar Hameed, Human Rights Lawyer, Hameed Law, Ottawa, Ontario
Lisa Dufraimont, Professor, Osgoode Hall Law School, York University, Toronto, Ontario
Stepan Wood, Professor and Canada Research Chair in Law, Society & Sustainability, Allard School of Law, University of British Columbia, Vancouver, British Columbia
Jonathan Shapiro, Senior Instructor (Associate Professor), Schulich School of Law at Dalhousie University, Halifax, Nova Scotia
Lisa Kerr, Associate Professor, Queen’s University, Faculty of Law, Kingston, Ontario
Ibrahim Danial, lawyer; Director, Downtown (Toronto) Muslim Professional Network, Mississauga, Ontario
Janet van der Vink, Immigration lawyer, Ottawa, Ontario
François Larocque, Professeur titulaire, Faculté de droit, Section de common law, Université d’Ottawa, Ottawa, Ontario
Mary Jane Mossman, Professor Emerita, Osgoode Hall Law School, Toronto, Ontario
Doris Buss, Professor of Law, Carleton University, Ottawa, Ontario
Jillian Rogin, Assistant Professor and lawyer, Faculty of Law, University of Windsor, Hamilton, Ontario
Stephen Tasson, Department of Law and Legal Studies, Carleton University, Ottawa, Ontario
Natasha Bakht, Professor, Shirley Greenberg Chair for Women and the Legal Profession, University of Ottawa, Ottawa, Ontario
Harsha Walia, Author, Vancouver, British Columbia
Craig Scott, Professor of Law & Associate Dean (Academic), Osgoode Hall Law School of York University, Toronto, Toronto, Ontario
Fannie Lafontaine, Canada Research Chair on International Criminal Justice and Human Rights, Université Laval, Faculté de droit, Québec, Québec
Pantea Jafari, Jafari Law, Chair of the CBA Immigration Section’s Anti-Racism Committee, Toronto, Ontario
Katie Joyce, Lawyer, Halifax, Nova Scotia
Amy Brubacher, Lawyer, Don Valley Community Legal Services, Toronto, Ontario
John Liss, lawyer, Toronto, Ontario
Talia Joundi, Lawyer, Toronto, Ontario
Amanda Aziz, Lawyer, Vancouver, British Columbia
Dimitri Lascaris, Lawyer and Journalist, President of Green Left Canada, Montreal, Quebec
Melanie Adrian, Associate Professor, Department of Law and Legal Studies, Carleton University, Ottawa, Ontario
Janne Burton, Lawyer, Retired, Toronto, Ontario