The Liberal government representative in the Senate argues that France has sought the extradition of Ottawa sociology professor Hassan Diab, who was convicted in absentia in Paris of the 1980 rue Copernic bombing. His supporters are asking Prime Minister Justin Trudeau to refuse this request from Paris.
In a new letter to Mr. Trudeau, more than 130 members of the Canadian legal community say extradition should not be used as “an instrument of persecution and scapegoating.”
Mr. Diab, who has always claimed his innocence, was tried this year in absentia in Paris for the attack on a synagogue in 1980, which left four dead and 46 injured. On April 21, the court sentenced Mr. Diab to life in prison and issued an arrest warrant against him.
The letter to Mr. Trudeau notes that Senator Marc Gold, the government representative in the Upper House, later told his fellow senators that an extradition request from France had been received and was “in examination course” in Ottawa.
In response to a question in the Senate on the matter on April 27, Mr. Gold said, in remarks that went unnoticed at the time, that the Canadian government would publicly announce its decision on the France as soon as it was taken.
As part of the first stage of Canada’s extradition process, officials from the Department of Justice decide whether or not to issue what is called an “authorization to proceed to the next stage”. If the case proceeds, a court must then decide whether there is sufficient evidence, or other applicable grounds, to warrant committing a person to Canada for extradition.
If a person is sentenced for extradition, then the Minister of Justice must personally decide whether to order the surrender of that person to the foreign state.
The letter to Prime Minister Trudeau says Mr. Diab was convicted despite evidence that clearly demonstrates his innocence.
This missive is signed by Rob Currie, professor of law at Dalhousie University, and Alex Neve, former secretary of Amnesty International Canada. It is co-authored by dozens of other law professors, retired judges, practicing and retired lawyers, and legal researchers from across Canada.
“There is strong political pressure in France for someone, seemingly anyone, to be convicted of this terrible crime,” the letter read. It seems that a conviction was inevitable, despite the lack of concrete evidence. According to the undersigned, this cannot be tolerated. »
Extradited, imprisoned, returned, judged
Hassan Diab, now 69, had already been extradited to France in an earlier phase of the procedure, which the letter describes as a “nightmare”.
The case dates back to November 2008, when the Royal Canadian Mounted Police arrested Mr. Diab, at the request of Paris. Following a lengthy process in Canada, which culminated in the Supreme Court, Mr. Diab was extradited to France, where he spent three years behind bars, including time in solitary confinement.
French judges eventually dismissed the allegations against him in January 2018 and ordered his immediate release, allowing him to return to Ottawa, where he lives with his wife and children.
But in May 2021, a French court upheld a decision ordering Mr. Diab to stand trial for the rue Copernic attack — a move his Canadian lawyer, Donald Bayne, called inexplicable.
Mr. Diab’s supporters have long maintained that on the day the attack took place, he was in Beirut taking university exams — not in Paris. They argue that fingerprints, palm prints and handwriting exonerate him of this crime.
They maintain that the case against him included secret information, the source of which is not identified, which may have been obtained by torture.