[Fdu] Dr. Hassan Diab's indefinite jail journey

[Cynthia Wright]

 http://rabble.ca/columnists/2015/02/canadian-paris-hassan-diabs-indefinite-jail-journey>> A Canadian in Paris: Hassan Diab's indefinite jail journey> By> Matthew Behrens> | February 23, 2015>> The long-running extradition saga of Ottawa sociology professor Dr. Hassan> Diab -- sought by French authorities for a 1980 crime he did not commit --> took a dramatic turn when the Supreme Court of Canada refused to hear his> final appeal to stay in Canada last November. Although Canada had 45 days> to forcibly remove him to France, Dr. Diab was hustled out of the> Ottawa-Carleton Detention Centre and whisked away less than 48 hours> later, denied a previously scheduled opportunity to bid goodbye to his> pregnant wife, Rania, and baby daughter, Jena.>> Diab's lawyer, Donald Bayne, a 43-year veteran of Canadian courts,> appeared stunned at a Parliament Hill press conference the day of the> Court decision, concluding: "We now have in my view a classic recipe for> the wrongful convictio!
 n of a Canadian.">> Originally arrested in 2008, Diab had spent the following six years under> house arrest, forced to pay $2,000 a month for the electronic monitoring> device strapped to his leg, denied an opportunity to teach, and frustrated> by an endless round of extradition hearings where, despite the very low> judicial standards, the severe weakness of the alleged case against him> was nonetheless clearly exposed. During that time, it was revealed that> the physical description, palm and thumb prints, and handwriting of the> 1980 rue Copernic bombing suspect did not match Dr. Diab's.>> Justice denied>> Despite having the cards stacked against him, Diab had appeared hopeful> that his case would be heard and justice served at the nation's highest> court.>> "It is beyond devastating that the Supreme Court of Canada would allow my> extradition for a crime that I did not commit and based on a handwriting> analysis report that was shown by world-renowned handwriting experts!
  to be> wholly unreliable, totally erroneous, and biased," Diab said i
n a> statement released shortly thereafter. "I have been living a Kafkaesque> nightmare for over six years, fighting false allegations against me,> enduring detention, strict bail conditions, the loss of my employment, and> enormous stress on my family.">> Diab found it "shocking that this would happen in Canada, despite the> numerous commissions on wrongful convictions based on faulty forensic> evidence and the Court's vow to never let this happen again.">> Rania Tfaily was equally amazed that the Supreme Court refused to hear a> case that addressed the unbalanced interpretation of extradition law in> different provinces. "If Hassan's case were heard in British Columbia, he> would not have been torn away from his home and family and shipped to a> jail in a foreign country, as the British Columbia Court of Appeal has> recognized the utter unfairness of extraditing people based on unreliable> evidence," she said.>> Whisked away to indefinite detention>> No doubt aware of the !
 controversy surrounding the surrender of Diab to the> French, Canadian officials wasted no time in disappearing him from Ottawa.> "The next day, once he got a chance to use the phone at the jail, he> called me, and I had to tell him the devastating news," Tfaily recalled.> But their scheduled visit, arranged with the approval of the detention> centre's superintendent, was not to be.>> "In the evening, a guard came and took photos of him," Tfaily said. "He> was not told the reason at the time, but it turned out that this was to> issue a temporary passport for him, and in less than a day, he was issued> this passport. In the very early morning, he was taken away from the> Ottawa-Carleton Detention Centre and driven to Montreal, where he was kept> in a jail cell. An RCMP officer confiscated his eyeglasses, his jacket --> even though it was extremely cold -- and his French lawyer's phone number.> Hassan protested this cruel treatment. Shortly before the departure of a> commerci!
 al airplane to Paris, he was escorted to board the plane. French> poli
ce accompanied him on the trip.">> Upon his arrival in Paris, he was taken to a judge, who informed him he> was "under investigation," and promptly detained. Under French law, an> individual can be held without charge up to 2 years (under a process known> as mis en examen) before deciding if they'll even hold a trial. Other> jurisdictions do not permit such lengthy delays, which effectively> constitute indefinite detention.>> Diab now sits in a cell in the largest prison in Europe for 20 hours a> day. This is directly due to the fact that in 2011, Ontario Court judge> Robert Maranger upheld the extradition order, despite his conclusion that> the case against Diab was "weak," "suspect," and "confusing," concluding> "the case presented by the Republic of France against Mr. Diab is a weak> case; the prospects of conviction in the context of a fair trial, seem> unlikely.">> His supporters fear that he will not receive a fair trial in France's> much-criticized anti-terrorism cour!
 ts. Indeed, Human Rights Watch noted> that French "decisions to arrest suspects and place them under formal> investigation are based on a low standard of proof," and lawyers complain> "that the way in which judicial investigations in terrorism cases are> conducted seriously undermines the right of each defendant to an effective> defense." The organization's critique of French anti-terror laws,> Preempting Justice, also notes that "the prominent use of intelligence> material in judicial investigations, in the context of the close links> between judges and the intelligence services, raises concerns about> procedural fairness and reliance on evidence obtained from third countries> where torture and ill-treatment are routine.">> A case defined by low standards, weak decisions>> Casual observers may wonder how Diab's life in Canada, where he has been a> citizen since 1993, could be so violently uprooted: under Canada's> extradition law, the rights of Canadian citizens, permanent!
  residents, and> refugees are trumped by foreign policy considerations
.>> As in France, the standards in Canadian extradition law are low. In a> scene that might be taken from a Pink Panther movie featuring the bumbling> Inspector Clouseau, the French handwriting case against Dr. Diab was based> on five words written in block letters from a Paris hotel register. France> initially offered two supposed handwriting "experts" who compared these> five printed words with the cursive writing from Diab's PhD admissions> documents at Syracuse University. The French concluded that the writer of> the 1980 block letters was the same man whose writings they discovered at> Syracuse, even though most credible handwriting experts conclude block> printing cannot be compared with cursive writing. Another problem, though,> was that the Syracuse writings were not Diab's: they belonged to his> then-wife, Nawal. Embarrassed French officials were allowed to withdraw> their "expert" report and replace it with another. Experts hired by Diab> found the new findings wer!
 e fatally flawed and wholly unreliable because> they failed to use standard, accepted methodology. Once that report was> withdrawn, the French took another kick at the can with a third "expert"> report that was finally accepted, even though Judge Maranger found it> "susceptible to a great deal of criticism and attack," also calling it> "illogical. convoluted, very confusing, with conclusions that are> suspect.">> When his case went to the Ontario Court of Appeal, Diab's factum reflected> the Alice-in-Wonderland quality of the case, noting the allegations are> "based largely on intelligence reports from unnamed foreign entities, who> in turn obtained information from unknown sources in unknown> circumstances." Given the impossibility of verifying the reliability of> such information, it was difficult to determine how any court could> proceed.>> The Appeal judges, in a similarly weak decision, upheld the extradition,> even though it was by then a matter of record that Diab co!
 uld become the> first person ever extradited to another country withou
t being charged with> a crime. They also dismissed concerns that torture-gleaned "intelligence"> would be used against Diab even though, as his legal team pointed out,> "France had a special intelligence sharing relationship with Syria [which> was] shown to have regularly kidnapped Lebanese individuals and tortured> them to extract information on national security and terrorism matters"> and that there exists "no genuine ability to challenge intelligence in> French terror trials." If a trial does go ahead, the secret intelligence,> which was excluded even from the extradition hearing in Canada because it> would have violated the Charter of Rights and Freedoms, will be part of> the case.>> Throughout this ordeal, Diab has denied the allegations, condemned the> 1980 bombing, offered to be questioned by the French in Ottawa, and even> accepted an offer from the RCMP (later withdrawn) to take a polygraph> test.>> Echoes of another wrongful conviction>> It is unlikely that the li!
 brary at the prison where Diab is held has an> extensive reading list, but it would be interesting to discover whether> there are any books on another wrongful conviction case, one that shook> the French Republic to its core more than a century ago. The case of> Alfred Dreyfus was similarly based on fundamentally flawed and faulty> handwriting analysis. In that case, the first expert consulted concluded> that the suspect handwriting did not belong to Dreyfus; needless to say,> that expert was dismissed and slandered, and the prosecutor shopped around> until he could find a more "accommodating" expert, which led to a wrongful> conviction driven by virulent French anti-Semitism.>> Writing with the passion and honesty that belongs to the wrongfully> defamed and detained, on December 5, 1894, Dreyfus wrote from prison: "The> truth will out in the end. My conscience is calm and tranquil, and does> not reproach me for anything. I have always done my duty and have never> bowed my !
 head. I have been overwhelmed, crushed in my dark prison, along> with 
my mind; I have had moments of wild madness; I raved and rambled, but> my conscience remained alert. It said to me: 'Keep your head up and look> the world in the face. Strong in the knowledge that your conscience is> clear, walk straight and get up again. It is an appalling ordeal, but it> must be endured.'">> Over a century later, Diab faces the same outmoded judicial system that> condemned Dreyfus -- an inquisitorial, Napoleonic-era creation that even> former French President Sarkozy has said should be abolished given that it> eliminates the presumption of innocence.>> "I, my family, friends, and supporters, will continue to fight the false> allegations that have been imposed on me, a Canadian citizen who is> law-abiding, peaceful, compassionate, and who abhors violence," Diab> writes. "I am grateful and heartened by the outpouring of support from> thousands of individuals and organizations that recognize the injustice> that I have experienced and the unfairness of Canada'!
 s extradition law. I> vow to never give up, and I will always remain hopeful that I will> eventually return to my home in Canada and be reunited with my wife and> children.">> The pain of separation for Diab and his young family -- which grew with> the birth of a second child in January -- is beyond words. An extensive> network of Canadian supporters is now working on building French support.> Meanwhile, a series of activities is planned, from writing letters of> support to fundraising to help defray significant costs of everything from> new lawyers to long-distance calls from the overseas jail. For details on> the Bring Hassan Home campaign, see http://www.justiceforhassandiab.org/>> Matthew Behrens is a freelance writer and social justice advocate who> co-ordinates the Homes not Bombs non-violent direct action network. He has> worked closely with the targets of Canadian and U.S. 'national security'> profiling for many years.>>>>> __________________________________________!
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