Dr. Hassan Diab's extradition hearing

Dear all,

I am writing to urge you to take a firm public stand against abusive extradition cases by 1) signing the statement below and 2) (if you live in Ottawa) attending Dr. Hassan Diab's extradition hearing, which is scheduled to commence on November 8, 2010 (details below).

On October 15, 2010, Dr. Diab’s lawyer filed important documents with the Court showing how French investigators have manipulated unsourced secret intelligence and other materials to falsely implicate Dr. Diab. The documents also demonstrate how evidence exonerating Dr. Diab has been hidden from the Court. These abusive actions by French investigators constitute an attack on principles of fundamental justice and demonstrate how Canada’s extradition law has so far failed to prevent foreign governments from exercising persecution by proxy and failed to honor Canada's international human rights obligations.

We believe this is a matter of importance to all of us and we hope that you will help uphold principles of fundamental justice by signing the statement below and attending the hearing. Please share this message with your friends and colleagues.

**Sign statement

Please consider endorsing the statement below. To endorse, simply email us at diabsupport@gmail.com and let us know that you endorse the statement.

**Court Watch

Dr. Diab's extradition hearing will commence on Monday, November 8, 2010, and is scheduled to continue until December 3. The hearing will take place at the Ontario Superior Court, 161 Elgin Street, Ottawa.

We invite you to come to the hearing and show your support. Court begins at 10:00 am and ends at 5:00 pm daily with a break for lunch. Attendees can freely (but quietly) enter and leave court whenever they wish.

Please email us at diabsupport@gmail.com and let us know which days/times you plan to attend. We will then be able to notify you if the schedule changes unexpectedly.

A Shock to Our Conscience and an Affront to Liberty:
Stop Hassan Diab’s Forced Removal from Canada

Hassan Diab is a much loved and respected sociology professor who is wrongly accused by French authorities of involvement in an attack near a Paris synagogue in 1980. Hassan Diab condemns that attack and is strongly opposed to ethnically and religiously motivated discrimination and violence.

Hassan Diab is fighting his forced removal from Canada (via “extradition”) to face fabricated charges based on secret intelligence, the sources of which are admittedly unknown even to French authorities. There is serious concern that this intelligence may be the product of torture. Dr. Diab’s case represents the first time that a foreign government has sought the extradition of a Canadian citizen based on secret intelligence that cannot be challenged in a court of law.

The contemporary climate of ethnic, racial, and religious profiling means that Dr. Diab, like many other Muslim and Middle-Eastern Canadians, is becoming yet one more victim in the global “War on Terror”.

Since November 2008, Dr. Diab has suffered through over four and a half months of detention, followed by the loss of his university employment and humiliating and oppressive bail conditions that include an exorbitantly expensive GPS monitoring device.

Canada’s extradition law has long been criticized for failing to honor Canada’s international human rights obligations and to prevent foreign governments from exercising persecution by proxy.

The “evidence” presented by France in an effort to tear Dr. Diab from his friends and family is based on an alarming pattern of serious contradictions, prejudicial opinions, significant misrepresentations and omissions, and withholding or burying of exonerating evidence. Key pieces of evidence appear to have been tampered with, to the point of fraud. To cite but a small handful of many examples:

- Evidence proving Dr. Diab’s innocence has either been buried or perversely transformed into incriminating conclusions.
- French investigators hid from the court in Canada the fact that Dr. Diab’s finger and palm prints do not match those of the alleged suspect.
- Handwriting analysis described by the Canadian Crown prosecutor as akin to a “smoking gun” was withdrawn after internationally renowned experts pronounced it to be biased and of “appalling” reliability. It was replaced by a ‘new’ handwriting analysis which these same experts found to be at least as appalling and biased as the previously withdrawn one.
- French investigators have refused to correct any misrepresentations, contradictions, and inaccuracies in their case despite having had ample time to do so.
- Government of Canada attorneys have argued that French investigators are under NO obligation to present information in their possession that would cast a positive light on Dr. Diab.

It shocks our conscience to see deprivation of liberty based on such scurrilous accusations. We are horrified that the standards of Canada’s Extradition Act are so low that this pretence of a case against Dr. Diab has been allowed to drag on for so long.

Given that such an unjust process has been made to appear "acceptable" - in part because of Dr. Diab's ethnic and religious background - we, the undersigned, are compelled to speak up and publicly call for an end to this clear affront to liberty.

We are opposed to the unjust and oppressive extradition proceedings against Dr. Diab.

We thus call upon the Minister of Justice to:

Exercise the power he has, under extradition law, to immediately halt extradition proceedings against Dr. Diab; and to act on his legal obligation to refuse to make unjust and oppressive extradition orders;
Protect individuals in Canada from unjust and abusive extradition practices; stop the use of secret intelligence of unknown, untestable reliability in extradition hearings; and refuse extraditions to requesting states that use secret, unsourced intelligence or intelligence that may have been derived from torture as trial evidence.
Reform extradition law to take into account Canada’s human rights obligations, including the presumption of innocence, the right to a fair trial, the right to disclosure of evidence, and all other due process rights.

For more information about the case, please visit www.justiceforhassandiab.org. To sign the statement, inquire about other ways to support Dr. Diab, or to obtain a copy of the legal factum detailing the manipulation of intelligence and twisting of evidence, please send us an email to diabsupport@gmail.com.