[Fdu] Amnesty Int'l on Release of Report re: Extradition of Dr. Hassan Diab

[Cynthia Wright]

  Amnesty International Reacts to Release of Report into the Extradition
  of Dr. Hassan Diab

Photo: Getty Images
July 29, 2019

OTTAWA (29 July 2019) - Reacting to the release on 26 July 2019 of the 
report of the External Review of the Extradition of Hassan Diab from 
Canada to France, Justin Mohammed, Amnesty International Canada’s Human 
Rights Law and Policy Campaigner made the following statement:

“On behalf of Amnesty International, I would like to express our sincere 
disappointment with this latest outcome in Hassan Diab’s long and 
arduous journey in seeking answers and justice for the human rights 
abuses that he has faced. Unfortunately, the report of former Ontario 
Deputy Attorney General Murray Segal does not provide meaningful answers 
to the key questions that would allow Canada to ensure that such a 
travesty of justice is never reproduced.

  Mr. Segal’s review determined that the government lawyers who handled 
Dr. Diab’s case fully complied with the applicable law, practices and 
procedures. That conclusion – that following Canadian laws, practices 
and procedures led readily and inevitably to serious human rights 
violations – should deeply worry all Canadians. It demonstrates that the 
chosen External Review was the wrong process, tasked with the wrong 
terms of reference. It is important to note that the concluding 
recommendations of Mr. Segal are not focussed on ensuring that human 
rights abuses are avoided in the future. Instead, they envision minor 
adjustments which could streamline the extradition process. They do not 
provide meaningful insight into the legal and policy reform agenda that 
would ensure that Canada does not violate the human rights of its 
citizens and others in accordance with an extradition request in the 
future. Despite the ten-month long External Review, this key question 
remains completely unanswered.

Due to the limited nature of Mr. Segal’s mandate, there are many 
questions about Dr. Diab’s extradition and subsequent treatment in 
France that remain unaddressed. Key information from Global Affairs 
Canada about the provision of consular services was not available to Mr. 
Segal due to privacy concerns, and Mr. Segal was not tasked with 
examining how this case was handled from a consular perspective. The 
limited comments of Mr. Segal with respect to Dr. Diab’s access to 
consular assistance are nevertheless worrying. The Canadian government’s 
frequent assertions that: 1) the French legal system was reliable, 2) 
Canadian intervention with respect to proceedings in France would be 
improper, and 3) that it is not the role of Canadian officials to 
monitor the fairness of a trial against a Canadian citizen in a foreign 
jurisdiction, must be fully assessed. As a result, Amnesty International 
continues to call for a full and public inquiry into these events, with 
a broad mandate and full judicial powers, so that the relevant lessons 
can be learned with the benefit of a full record.

Amnesty International deeply regrets that the Segal Report leaves Dr. 
Diab, his family, and all Canadians with no clearer understanding as to 
how and why it was possible for a Canadian citizen, who mounted a full 
and robust defence throughout lengthy extradition proceedings, to be 
surrendered to France on the basis of weak and unreliable evidence, and 
then to languish in detention in France, almost entirely in solitary 
confinement, without charge or trial for more than three years. **

Mr. Segal’s report cannot be considered the final word with respect to 
Dr. Diab’s extradition. We further regret that the lengthy two-month 
delay and release of this report at the end of July, means that serious 
human rights issues related to what is – and what is not – included in 
the report are unlikely to receive the degree of parliamentary and 
public scrutiny required because of the summer break and upcoming 
federal election. Nevertheless, we remain hopeful that this report will 
serve as a call for the Government of Canada to recognize that our 
extradition law, policy, and relations with extradition partners is in 
desperate need of review and reform.”

For further information, please contact Elizabeth Berton-Hunter, Media 
Relations 416-904-7158
bberton-hunter at amnesty.ca <mailto:bberton-hunter at amnesty.ca>


      Media Contacts

*Lucy Scholey*
Media Relations (Ottawa)
(613) 744-7667 ext 236
lscholey at amnesty.ca
*Elizabeth Berton-Hunter*
Media Relations (Toronto)
(416) 363-9933 ext 332
BBerton-Hunter at amnesty.ca
Find a regional office <https://www.amnesty.ca/contact>


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