Canada should refuse to extradite Hassan Diab to France, supporters say

Hassan Diab’s supporters are calling on Top Minister Justin Trudeau to reject any longer makes an attempt via France to extradite him to stand trial — and to push French prosecutors to drop all terrorism fees against the Ottawa educational.

France’s case against Diab in reference to a bombing out of doors a Paris synagogue FORTY years ago is ready to visit trial next 12 months — greater than 5 years after Diab used to be let loose because of an absence of proof.

French authorities haven’t yet requested Diab’s extradition to France to face trial in particular person. Diab’s lawyers have mentioned he could be tried in absentia.

“It displays that political expediency and the will to search out a scapegoat for the bombing is more essential than justice. And the silence of our personal govt makes this worse,” mentioned Jo Wooden of the Hassan Diab give a boost to network.

“We concern there’ll be a in charge verdict in France and that the Canadian executive will approve an extradition, this time with out a return.”

Remaining yr, France’s court of enchantment overturned a lower court docket choice that launched Diab and allowed him to go back to Canada. France’s best courtroom later rejected Diab’s appeal and ordered him to stand trial. That trial is ready to start April THREE, 2023.

‘Surreal and disgraceful’

French prosecutors have persevered of their makes an attempt to carry Diab to trial in spite of critical issues of physical evidence imperative to their case and the discovery via French investigators that Diab wasn’t even in Paris on the day of the bombing. Diab was in Lebanon on the time, writing college exams.

Alex Neve, former secretary general of Amnesty World Canada, described France’s dismissal of Diab’s alibi and its weak case as “surreal and disgraceful.”

“The exculpatory evidence, moderately investigated and showed through French judges, makes it clear that he used to be now not and could now not were at the scene of this awful attack,” he said. “Politics is driving this, no longer justice, not the guideline of regulation.”

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France’s advocate general — a senior officer of the law who gives recommendation within the French legal system — sided with Diab’s defence workforce right through the attraction hearings and argued for his free up.

However Diab’s unlock has been antagonistic by means of more than 20 civil society groups in France, including groups representing victims of terrorism and professional-Israel firms.

Accusation and extradition

The Ottawa college lecturer was once accused via authorities of involvement within the 1980 Rue Copernic bombing, which killed 4 other people and injured greater than 40.

He was arrested by way of the RCMP in November 2008 and placed below strict bail prerequisites until he was once extradited to France in 2014. He spent greater than three years in jail in France sooner than the case in opposition to him collapsed.

He used to be launched in January 2018 after two French judges ruled the evidence against him wasn’t strong enough to take to trial. He was never officially charged.

Canada should refuse to extradite Hassan Diab to France, supporters say

Firemen status via the wreckage of a automotive and motorcycle after a bomb assault at a Paris synagogue on October THREE, 1980 that killed four folks. (AFP/Getty Pictures)

French prosecutors appealed Diab’s release directly — pursuing it after the ultimate closing piece of physical evidence linking Diab to the bombing had been discredited via France’s personal mavens.

“France has given up any declare to say that there may be any just right faith in any way on this case,” stated Rob Currie, a professor at Dalhousie University’s Schulich College of Law.

“I Would move thus far to mention, individually, France is not a fair extradition spouse for Canada.”

The case moved slowly as prosecutors sought to find new proof in opposition to Diab and as court proceedings had been delayed via the pandemic.

Discredited proof

the important thing bodily evidence Canada relied on in extraditing Diab to France used to be handwriting analysis linking Diab’s handwriting to that of the suspected bomber. Canadian government attorneys acting on France’s behalf called it a “smoking gun” in the extradition hearing.

But in 2009, Diab’s felony crew produced contrary reports from four global handwriting experts. Those professionals wondered the methods and conclusions of the French professionals. in addition they proved that a few of the handwriting samples utilized by the French analysts belonged to not Diab but to his ex-spouse.

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French investigative judges disregarded the handwriting proof as unreliable once they ordered Diab’s free up in January 2018.

While considering the appeal of Diab’s release, any other French judge ordered an independent evaluation of the contentious handwriting proof.

Diab’s lawyers said this contemporary overview delivered “a scathing critique and rebuke” of the original handwriting analysis “that mirrors the critique by the defence in the course of the extradition listening to 10 years ago.”

French judges stated Diab had an alibi

The French investigative judges who launched Diab also discovered he had an alibi for the day of the Paris bombing. The Usage Of college records and interviews with Diab’s classmates, the investigative judges made up our minds he used to be “most likely in Lebanon” writing tests while the bombing outdoor the synagogue happened.

“it is most probably that Hassan Diab was once in Lebanon throughout September and October 1980 … and it is therefore not likely that he’s the person … who then laid the bomb on Rue Copernic on October 3rd, 1980,” they wrote.

In 2018, CBC Information showed that France used to be conscious about — and had did not divulge — fingerprint evidence that ended up taking part in a important role in Diab’s free up.

When You Consider That his unencumber, Diab has been residing with his wife and two children in Ottawa. He has resumed paintings as an element-time lecturer.

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