COMMENTARY: "French prosecution of Canadian Hassan Diab a travesty," by
Faisal Kutty, published by The Toronto Star on May 4, 2017. (Faisal Kutty
is counsel to KSM Law, an associate professor at Valparaiso University
Law School in Indiana and an adjunct professor at Osgoode Hall Law
School."
SUB-HEADING: "Six
times French investigators have recommended the Canadian professor be
release and each time French courts have denied the request."
PHOTO CAPTION: "Hassan
Diab arrives at an Ottawa courthouse in 2011. In 2014, Diab lost a
hearing where he was fighting a deportation order to France, where he is
being held in jail despite six recommendations he be released."
GIST: "Canadian citizen Hassan Diab was extradited to France in 2014 for allegedly committing a terrorist attack in 1980 and has since been ordered released six times by French investigative judges. Yet, again this week, a court of appeal overturned the release order. The RCMP arrested 63-year-old Diab, a father of four, in 2008 at the request of French authorities for allegedly planting a bomb outside a Paris Synagogue. The blast killed four and injured dozens. Diab, a university sociology lecturer, lost his six-year long extradition battle in 2014, even though Superior Court Justice Robert Maranger said the case against the professor was “weak, convoluted and confusing (with) suspect conclusions” but that his hands were tied due to poor extradition laws. The case is mostly based on intelligence, which of course is not evidence per se. Canadian authorities had the good sense to withdraw much of the “evidence” during the extradition hearings because of its unreliability and the possibility that some of it may have been obtained through torture. Moreover, the Ottawa hearings witnessed fingerprint tests coming back negative and handwriting analysis being debunked by three experts. The prosecution case rested on tenuous circumstantial evidence, including Diab’s passport being found a year after the incident on a militant linked to a terrorist group. Diab says he lost his passport during the chaotic Lebanese civil war. Despite Maranger’s reservations, Diab lost on appeal and the Supreme Court of Canada refused to hear a further appeal. The climate of fear generated by the “war on terror” may have played a role.........In Diab’s case, however, several of the five investigative judges designated to handle terrorism offences have repeatedly sided with Diab. In December, veteran investigative magistrate, Jean-Marc Herbaut, issued a release order after travelling to Beirut and conducting an extensive investigation. He said his findings “cast serious doubt” on the prosecution’s case. The appeals court overturned his order.........Pretrial detention, as ordered in Diab’s case, can last for up to four years in terrorism cases with the investigating magistrate effectively determining the pace of both the investigation and the trial. Since 2001, all pretrial detentions must be re-authorized from time to time, due to abuses in terrorism cases. Last week, two terrorism magistrates refused to renew the detention because in their words, there is “consistent evidence” that Diab was in Lebanon writing exams at the time of the attack. In what can only be called Kafkaesque, the prosecutor immediately appealed and the order was overturned for the sixth time. Neither Diab nor his team is privy to the grounds. As noted by Roger Clark, former head of Amnesty Canada, this travesty continues because “of widespread Islamophobia and a fear of appearing weak on terrorism.” Sadly, despite the anti-terror measures and climate being roundly criticized by international rights groups, French civil society groups have been mum. The hesitation of Muslim groups is understandable, but the trepidation exhibited by non-Muslim groups is concerning in that those targeted have no voice. A coalition of Canadians is urging Ottawa to take a stand in demanding justice. Prime Minister Trudeau in the past had called on the Harper government to intervene in such situations. Indeed, Trudeau has spoken out in the past in defence of citizens. Diab’s case is ripe for such an intervention."
The entire commentary can be found at:
See previous Post (February 17, 2011) - Toronto Sun story headed: "Handwriting evidence from prosecution's French expert ruled admissible; Although judge calls it pseudo-science," - at the link below:
http://smithforensic.blogspot.ca/2011/02/hassan-diab-handwriting-evidence-from.html
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/
