September 14, 2024
Dear Minister Virani,
On behalf of the Canadian Muslim Public Affairs Council (CMPAC), we wish to express our strong condemnation of any further attempts to extradite Dr. Hassan Diab, a Canadian citizen and sociology professor, to France. CMPAC firmly believes that such actions constitute a grave miscarriage of justice and represent a fundamental breach of due process.
Dr. Diab was first extradited to France in 2014 under accusations related to a 1980 Paris synagogue bombing. Despite enduring over three years of solitary confinement and never being formally charged, Dr. Diab was released in 2018 after French anti-terrorist judges concluded there was insufficient evidence to warrant a trial. Upon his return to Canada, Dr. Diab endeavored to rebuild his life with his family.
However, in a highly flawed trial in 2023, Dr. Diab was convicted in absentia by French prosecutors based on unreliable and discredited evidence. The use of anonymous intelligence, which cannot be cross-examined or challenged, undermines the very foundation of a fair trial. This conviction disregarded Dr. Diab’s strong alibi and critical exonerating information, representing a severe abuse of the international legal system.
The 2019 Independent Review (Segal, p.109) of Dr. Diab’s initial extradition, commissioned by the Attorney General of Canada, highlighted significant concerns about the fairness of the case presented by French authorities. The review found the evidence against Dr. Diab to be weak, further underscoring the flawed nature of his case.
Furthermore, Canada has a legal and moral obligation under international human rights law, including the International Covenant on Civil and Political Rights (ICCPR, Articles 9 and 14), to ensure that no individual is subjected to an unfair trial or unlawful detention. Dr. Diab’s previous detention in France without trial for over three years, followed by a conviction based on hearsay, violates these fundamental protections. Furthermore, under the United Nations Convention Against Torture (CAT, Article 3), Canada must not extradite individuals to countries where they risk facing torture or cruel, inhumane treatment. Given Dr. Diab’s previous experience of solitary confinement and mistreatment, permitting a second extradition would place Canada in violation of these crucial international commitments.
In light of these findings, we urge the Canadian government to take decisive action by:
- Rejecting Any Second Extradition Request: The Government of Canada must publicly commit to rejecting any further extradition requests for Dr. Diab. Upholding the rights of Canadian citizens and ensuring justice are paramount.
- Reforming Canada’s Extradition Act: The deficiencies highlighted by Dr. Diab’s case call for urgent reform of Canada’s Extradition Act (s.44). Stronger procedural safeguards are needed to prevent extradition when evidence is inadequate or unreliable, and when human rights violations are at stake.
- Establishing Independent Oversight of Extradition Cases: We recommend the creation of an independent oversight body to review extradition cases, ensuring they meet Canada’s legal standards and human rights obligations. Extraditions should not be based on weak or politically motivated evidence.
- Ensuring Greater Transparency and Accountability: The public deserves assurance that the government acts in the best interests of its citizens, especially in politically sensitive extradition matters. We call for increased transparency in extradition decisions to prevent wrongful prosecutions abroad.
The ongoing misuse of extradition mechanisms not only threatens Dr. Diab’s rights but also undermines the integrity of Canada’s legal system. The potential for wrongful extradition poses a significant risk to all Canadians who could face unfair prosecution abroad. Given this, we urge you, Minister Virani, to act decisively to protect Dr. Diab from further injustice and to lead the necessary reforms to ensure that Canada’s extradition laws uphold the highest standards of fairness and human rights.
Thank you for your attention to this critical matter.
Sincerely,
Canadian Muslim Public Affairs Council (CMPAC)
