Hassan Diab
Encyclopedia
Hassan Diab is a sociology
lecturer at the University of Ottawa
and Carleton University
in Ottawa, Ontario, Canada
who was arrested in 2008 for an alleged role in the 1980 Paris synagogue bombing
. On June 6, 2011, a judge in Ottawa agreed to a French request to extradite
Diab to France for trial. An appeal of that decision is expected.
Diab was born in Lebanon
in 1953, and started his university studies in sociology at the American University of Beirut
. He received his Ph.D. from Syracuse University
in Syracuse, New York. He became a Canadian citizen in 1993, and moved to Ottawa
, Ontario
in 2006. He holds dual citizenship.
(RCMP) on November 13, 2008, at the request of French authorities who want him extradited
to stand trial for his alleged role in a 1980 bombing outside a synagogue on Rue Copernic
in Paris. He faces charges of murder and attempted murder in connection with the bombing, in which four people were killed and dozens injured by the detonation of about 10 kilograms (22 lb) of explosives hidden in the saddlebags of a parked motorcycle.
Diab denies all charges. His lawyer said the arrest was "a mistaken identification", and that Diab did not enter France in 1980. Friends, colleagues, and former professors of Diab expressed shock and bafflement at the news of his arrest. His thesis adviser, a noted Jewish scholar, said he never knew Diab to be in any way anti-Semitic, and called the news "not credible".
The university confirmed to CBC
that Diab was teaching the course. Later that day, university officials canceled Diab's contract and named a replacement, stating that Diab had been replaced "in the interest of providing students with a stable, productive academic environment that is conducive to learning." ""The university did the right thing," B'nai Brith's executive vice-president, Frank Dimant, said yesterday of Carleton's about-face in not allowing Mr. Diab to teach."
Carleton University professors continue to support Diab stating that his termination violates the university's contract obligations. The Canadian Association of University Teachers
(CAUT) issued a press release condemning the actions of Carleton's administration.
of Germany obtained from former members of the group, French authorities allege that Diab was a member of the Popular Front for the Liberation of Palestine
, the group blamed for the bombing. Evidence unsealed as part of the extradition case, in April 2009, included two police sketches made sometime after the bombing. Samples of Diab's handwriting, while a student at Syracuse University years later, were subject to handwriting analysis
. The sample of Diab's Syracuse handwriting was compared to the writing on a Paris hotel registration card filled out under the assumed alias, Alexandre Panadriyu. One French expert stated that the handwriting was definitely Diab's, though it appeared efforts had been made to change it. Another French expert said Diab could have written the registration card.
In October, 2009, Diab’s lawyer submitted to the Canadian court several reports produced by experts in Canada, the United States, France, and the UK. The lawyer informed the court that intelligence experts are prepared to explain the difference between evidence and intelligence and its “inherent secrecy and non-disclosure”. Moreover, handwriting experts
, including a top UK expert, characterized the evidence tendered by French authorities as “demonstrably false”. The Crown, on behalf of France, retracted the evidentiary nature of their original handwriting experts and ask the court for more time in order to get another opinion.
The reports were the subject of an evidentiary hearing in December 2009. At the end of the hearing, the judge decided that the defence is permitted to file reports from all of their four handwriting experts, and can call any two of these experts to testify at the extradition hearing. The Crown will be allowed to cross-examine all four of the defence handwriting experts if he so chooses. The defence called University of Toronto
law professor Kent Roach
to testify as an expert on the issue of intelligence as evidence at the extradition hearing; he testified as to the unreliability of using intelligence as evidence on November 24 and 25th in Ottawa.
The judge hearing the case has said that he wants to start the flow of evidence soon, and has suggested that he is becoming weary of delays by the French government in presenting its case. The hearing is now scheduled to begin on November 8, 2010.
On May 17, 2010, the hearing scheduled to begin June 14, 2010 was again delayed after France disavowed the evidence of two handwriting experts discredited by the defence. The Crown now plans instead to introduce evidence from a third, new French handwriting expert, who found a "very strong presumption" that Diab is the author of the hotel registration card. Kent Roach, an expert defence witness,has accused the French government of "dragging its feet," "cherry picking evidence" and "bootstrapping
)" by requesting a delay while justice officials in Paris gather more evidence. Defence council called the Crown's new plan "absolutely scandalous". He went on to say, "“At the 11th hour and 59th minute they withdraw their entire handwriting case and substitute a new case."
Diab's lawyer also accused French authorities of finding a new handwriting expert in an attempt to save their case after the two they originally used were discredited by four defence handwriting experts, including a former RCMP document examiner. On December 6, 2010, the presiding judge ruled to allow the testimony of three more defence handwriting experts, but said that he would not necessarily give it any weight in his final analysis.
Former RCMP forensic document examiner, Brian Lindblom, testified on December 13, 2010 on the handwriting analysis submitted by France's new, and third examiner, Anne Bisotti. Stating that the new report submitted by the Crown was "often confusing and incomprehensible;" Lindblom criticized the mandate given Ms. Bisotti, by Magistrate Marc Trevidic. Trevidic instructed that the analysis be done to "'determine if he (Diab) is certainly or may be the writer.' There appears to be no room for an objective consideration of the possibility that the author of the sample material may not be the writer; he is presumed to be the writer." "The mandate is designed not to seek objective evidence," Lindblom testified. Bisotti's handwriting analysis is the third sent to the court after France disavowed two previous analyzes when the defence demonstrated their unreliability.
The handwriting analysis is pivotal to the Crown's case. The case forwarded is based upon a hotel registration card believed to have been signed by the person who planted a bomb, in motorcycle saddlebags, outside of the Rue Copernic Synagogue. A comparison of Diab's handwriting, on US government documents, while he was a student, at Syracuse University, in the mid-1990s, was compared to the hotel registration card, believed to be signed by the bomber. The origin, and commonality, of the handwriting samples are central to the Crown's handwriting analysis evidence.
. Maranger said the evidence against Diab was "weak", but France had shown a prima facie
case and that Canada must expect France to give Diab a fair trial.
conditions. He can only leave his home for work, legal or medical appointments, and only when accompanied by one of the five persons who posted his combined $250,000 in bail. He must observe a 9 p.m. to 7 a.m curfew
and report to the RCMP once a week. He may not hold or apply for a passport
, or own a cellphone. He must remain in the Ottawa
-Gatineau
region, but keep away from Ottawa and Gatineau airports.
Among the conditions of his bail, Diab is required to wear a GPS electronic ankle bracelet
and pay the $2,500 monthly surveillance
costs himself. In June 2010, Diab's lawyer asked Judge Maranger to allow removal of the ankle bracelet, which had cost $30,000 to date. The Crown opposed the request, saying that Diab remained a flight risk. The judge ruled that Diab must continue to wear the device, calling it the only effective guarantee that he will not flee to Lebanon or another country with no extradition treaty with France. He suggested that Diab, facing the possibility of life imprisonment in France if convicted, had every motivation to flee.
Sociology
Sociology is the study of society. It is a social science—a term with which it is sometimes synonymous—which uses various methods of empirical investigation and critical analysis to develop a body of knowledge about human social activity...
lecturer at the University of Ottawa
University of Ottawa
The University of Ottawa is a bilingual, research-intensive, non-denominational, international university in Ottawa, Ontario. It is one of the oldest universities in Canada. It was originally established as the College of Bytown in 1848 by the Missionary Oblates of Mary Immaculate...
and Carleton University
Carleton University
Carleton University is a comprehensive university located in the capital of Canada, Ottawa, Ontario. The enabling legislation is The Carleton University Act, 1952, S.O. 1952. Founded as a small college in 1942, Carleton now offers over 65 programs in a diverse range of disciplines. Carleton has...
in Ottawa, Ontario, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
who was arrested in 2008 for an alleged role in the 1980 Paris synagogue bombing
1980 Paris synagogue bombing
On October 3, 1980, the eve of Simchat Torah, a bomb went off outside the Union Libérale Israélite de France synagogue on Rue Copernic, Paris. Four people were killed and more than forty injured. The bomb, consisting of about of Semtex explosives, had been hidden in the saddlebags of a motorcycle...
. On June 6, 2011, a judge in Ottawa agreed to a French request to extradite
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
Diab to France for trial. An appeal of that decision is expected.
Diab was born in Lebanon
Lebanon
Lebanon , officially the Republic of LebanonRepublic of Lebanon is the most common term used by Lebanese government agencies. The term Lebanese Republic, a literal translation of the official Arabic and French names that is not used in today's world. Arabic is the most common language spoken among...
in 1953, and started his university studies in sociology at the American University of Beirut
American University of Beirut
The American University of Beirut is a private, independent university in Beirut, Lebanon. It was founded as the Syrian Protestant College by American missionaries in 1866...
. He received his Ph.D. from Syracuse University
Syracuse University
Syracuse University is a private research university located in Syracuse, New York, United States. Its roots can be traced back to Genesee Wesleyan Seminary, founded by the Methodist Episcopal Church in 1832, which also later founded Genesee College...
in Syracuse, New York. He became a Canadian citizen in 1993, and moved to Ottawa
Ottawa
Ottawa is the capital of Canada, the second largest city in the Province of Ontario, and the fourth largest city in the country. The city is located on the south bank of the Ottawa River in the eastern portion of Southern Ontario...
, Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
in 2006. He holds dual citizenship.
Charges
Diab was arrested by the Royal Canadian Mounted PoliceRoyal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...
(RCMP) on November 13, 2008, at the request of French authorities who want him extradited
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
to stand trial for his alleged role in a 1980 bombing outside a synagogue on Rue Copernic
Union Libérale Israélite de France
The Union Libérale Israélite de France , sometimes called the rue Copernic synagogue, is a Reform Jewish synagogue, located in Paris, France. Founded in 1907 by Rabbi Louis-Germain Levy, it is the oldest Reform synagogue in France. It has been led by Rabbi Michael Williams since 1978...
in Paris. He faces charges of murder and attempted murder in connection with the bombing, in which four people were killed and dozens injured by the detonation of about 10 kilograms (22 lb) of explosives hidden in the saddlebags of a parked motorcycle.
Diab denies all charges. His lawyer said the arrest was "a mistaken identification", and that Diab did not enter France in 1980. Friends, colleagues, and former professors of Diab expressed shock and bafflement at the news of his arrest. His thesis adviser, a noted Jewish scholar, said he never knew Diab to be in any way anti-Semitic, and called the news "not credible".
Termination of teaching contract
In early July 2009, Diab was hired to teach a summer course in introductory sociology at Carleton University. On July 28, the day after a bail hearing disclosed his employment and subsequent teaching, B'nai Brith Canada released a statement Tuesday condemning Carleton for employing a suspected terrorist. “We find it deplorable that university officials believe that there is nothing wrong with employing Diab. The safety and security of the community as a whole, and of the Carleton University campus in particular, are of great concern to us." "B'nai Brith, the influential Jewish group, had harshly criticized the university for hiring Mr. Diab. The Toronto-based national office of B'nai Brith issued a statement condemning Carleton's actions, while an Ottawa-based member of the group telephoned the university directly to complain."The university confirmed to CBC
Canadian Broadcasting Corporation
The Canadian Broadcasting Corporation, commonly known as CBC and officially as CBC/Radio-Canada, is a Canadian crown corporation that serves as the national public radio and television broadcaster...
that Diab was teaching the course. Later that day, university officials canceled Diab's contract and named a replacement, stating that Diab had been replaced "in the interest of providing students with a stable, productive academic environment that is conducive to learning." ""The university did the right thing," B'nai Brith's executive vice-president, Frank Dimant, said yesterday of Carleton's about-face in not allowing Mr. Diab to teach."
Carleton University professors continue to support Diab stating that his termination violates the university's contract obligations. The Canadian Association of University Teachers
Canadian Association of University Teachers
The Canadian Association of University Teachers is a federation of independent associations and trade unions representing approximately 65,000 teachers, librarians, researchers and other academic professionals and general staff at 120 universities and colleges across Canada.-Principal Aims:The...
(CAUT) issued a press release condemning the actions of Carleton's administration.
The case
Based on information from intelligence agenciesIntelligence agency
An intelligence agency is a governmental agency that is devoted to information gathering for purposes of national security and defence. Means of information gathering may include espionage, communication interception, cryptanalysis, cooperation with other institutions, and evaluation of public...
of Germany obtained from former members of the group, French authorities allege that Diab was a member of the Popular Front for the Liberation of Palestine
Popular Front for the Liberation of Palestine
The Popular Front for the Liberation of Palestine is a Palestinian Marxist-Leninist organisation founded in 1967. It has consistently been the second-largest of the groups forming the Palestine Liberation Organization , the largest being Fatah...
, the group blamed for the bombing. Evidence unsealed as part of the extradition case, in April 2009, included two police sketches made sometime after the bombing. Samples of Diab's handwriting, while a student at Syracuse University years later, were subject to handwriting analysis
Questioned document examination
Questioned document examination is the forensic science discipline pertaining to documents that are in dispute in a court of law...
. The sample of Diab's Syracuse handwriting was compared to the writing on a Paris hotel registration card filled out under the assumed alias, Alexandre Panadriyu. One French expert stated that the handwriting was definitely Diab's, though it appeared efforts had been made to change it. Another French expert said Diab could have written the registration card.
In October, 2009, Diab’s lawyer submitted to the Canadian court several reports produced by experts in Canada, the United States, France, and the UK. The lawyer informed the court that intelligence experts are prepared to explain the difference between evidence and intelligence and its “inherent secrecy and non-disclosure”. Moreover, handwriting experts
Questioned document examination
Questioned document examination is the forensic science discipline pertaining to documents that are in dispute in a court of law...
, including a top UK expert, characterized the evidence tendered by French authorities as “demonstrably false”. The Crown, on behalf of France, retracted the evidentiary nature of their original handwriting experts and ask the court for more time in order to get another opinion.
The reports were the subject of an evidentiary hearing in December 2009. At the end of the hearing, the judge decided that the defence is permitted to file reports from all of their four handwriting experts, and can call any two of these experts to testify at the extradition hearing. The Crown will be allowed to cross-examine all four of the defence handwriting experts if he so chooses. The defence called University of Toronto
University of Toronto
The University of Toronto is a public research university in Toronto, Ontario, Canada, situated on the grounds that surround Queen's Park. It was founded by royal charter in 1827 as King's College, the first institution of higher learning in Upper Canada...
law professor Kent Roach
Kent Roach
Kent Roach is a professor of law at the University of Toronto Faculty of Law. He is well known for his expertise and writings on criminal law, the Canadian Charter of Rights and Freedoms, and more recently anti-terrorism law...
to testify as an expert on the issue of intelligence as evidence at the extradition hearing; he testified as to the unreliability of using intelligence as evidence on November 24 and 25th in Ottawa.
Extradition hearing
An extradition hearing is, temporarily, scheduled to begin in January 2010. However, on December 18, 2009, the Crown Attorney (representing The Attorney General of Canada) requested an adjournment of the hearing to review the defence evidence. The next possible date for the extradition hearing was to have been June 2010.The judge hearing the case has said that he wants to start the flow of evidence soon, and has suggested that he is becoming weary of delays by the French government in presenting its case. The hearing is now scheduled to begin on November 8, 2010.
On May 17, 2010, the hearing scheduled to begin June 14, 2010 was again delayed after France disavowed the evidence of two handwriting experts discredited by the defence. The Crown now plans instead to introduce evidence from a third, new French handwriting expert, who found a "very strong presumption" that Diab is the author of the hotel registration card. Kent Roach, an expert defence witness,has accused the French government of "dragging its feet," "cherry picking evidence" and "bootstrapping
Bootstrapping (law)
The bootstrapping rule in the rules of evidence dealt with admissibility as non-hearsay of statements of conspiracy in United States federal courts...
)" by requesting a delay while justice officials in Paris gather more evidence. Defence council called the Crown's new plan "absolutely scandalous". He went on to say, "“At the 11th hour and 59th minute they withdraw their entire handwriting case and substitute a new case."
Diab's lawyer also accused French authorities of finding a new handwriting expert in an attempt to save their case after the two they originally used were discredited by four defence handwriting experts, including a former RCMP document examiner. On December 6, 2010, the presiding judge ruled to allow the testimony of three more defence handwriting experts, but said that he would not necessarily give it any weight in his final analysis.
Former RCMP forensic document examiner, Brian Lindblom, testified on December 13, 2010 on the handwriting analysis submitted by France's new, and third examiner, Anne Bisotti. Stating that the new report submitted by the Crown was "often confusing and incomprehensible;" Lindblom criticized the mandate given Ms. Bisotti, by Magistrate Marc Trevidic. Trevidic instructed that the analysis be done to "'determine if he (Diab) is certainly or may be the writer.' There appears to be no room for an objective consideration of the possibility that the author of the sample material may not be the writer; he is presumed to be the writer." "The mandate is designed not to seek objective evidence," Lindblom testified. Bisotti's handwriting analysis is the third sent to the court after France disavowed two previous analyzes when the defence demonstrated their unreliability.
The handwriting analysis is pivotal to the Crown's case. The case forwarded is based upon a hotel registration card believed to have been signed by the person who planted a bomb, in motorcycle saddlebags, outside of the Rue Copernic Synagogue. A comparison of Diab's handwriting, on US government documents, while he was a student, at Syracuse University, in the mid-1990s, was compared to the hotel registration card, believed to be signed by the bomber. The origin, and commonality, of the handwriting samples are central to the Crown's handwriting analysis evidence.
Judge's decision
On June 6, 2011, Justice Robert Maranger committed Diab for extradition, and stated that "regrettably" he had no jurisdiction to grant bail. Diab was taken into custody, pending a bail hearing expected the following week. Should Diab appeal the extradition decision, this process might take a year. Because the case has raised so many challenges to Canadian extradition law, the decision could ultimately rest with the Supreme CourtSupreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
. Maranger said the evidence against Diab was "weak", but France had shown a prima facie
Prima facie
Prima facie is a Latin expression meaning on its first encounter, first blush, or at first sight. The literal translation would be "at first face", from the feminine form of primus and facies , both in the ablative case. It is used in modern legal English to signify that on first examination, a...
case and that Canada must expect France to give Diab a fair trial.
Bail conditions
While awaiting the outcome of the extradition hearing, Diab is required to abide by very strict bailBail (Canada)
Bail in Canada refers to the release of a person charged with a criminal offence prior to being sentenced. A person may be released by a peace officer or by the courts. A release on bail by the courts is officially known as a judicial interim release. There are also a number of ways to compel a...
conditions. He can only leave his home for work, legal or medical appointments, and only when accompanied by one of the five persons who posted his combined $250,000 in bail. He must observe a 9 p.m. to 7 a.m curfew
Curfew
A curfew is an order specifying a time after which certain regulations apply. Examples:# An order by a government for certain persons to return home daily before a certain time...
and report to the RCMP once a week. He may not hold or apply for a passport
Passport
A passport is a document, issued by a national government, which certifies, for the purpose of international travel, the identity and nationality of its holder. The elements of identity are name, date of birth, sex, and place of birth....
, or own a cellphone. He must remain in the Ottawa
Ottawa
Ottawa is the capital of Canada, the second largest city in the Province of Ontario, and the fourth largest city in the country. The city is located on the south bank of the Ottawa River in the eastern portion of Southern Ontario...
-Gatineau
Gatineau
Gatineau is a city in western Quebec, Canada. It is the fourth largest city in the province. It is located on the northern banks of the Ottawa River, immediately across from Ottawa, Ontario, and together they form Canada's National Capital Region. Ottawa and Gatineau comprise a single Census...
region, but keep away from Ottawa and Gatineau airports.
Among the conditions of his bail, Diab is required to wear a GPS electronic ankle bracelet
Ankle monitor
An ankle monitor is a device that individuals under house arrest are often required to wear. At timed intervals, the ankle monitor sends a radio frequency signal containing location and other information to a receiver. If an offender moves outside of an allowed range, the police will be notified...
and pay the $2,500 monthly surveillance
Surveillance
Surveillance is the monitoring of the behavior, activities, or other changing information, usually of people. It is sometimes done in a surreptitious manner...
costs himself. In June 2010, Diab's lawyer asked Judge Maranger to allow removal of the ankle bracelet, which had cost $30,000 to date. The Crown opposed the request, saying that Diab remained a flight risk. The judge ruled that Diab must continue to wear the device, calling it the only effective guarantee that he will not flee to Lebanon or another country with no extradition treaty with France. He suggested that Diab, facing the possibility of life imprisonment in France if convicted, had every motivation to flee.
External links
- Justice For Hassan Diab advocacy website
- Friends of Hassan Diab blog