#CBC: “Hassan Diab to boycott exterior evaluation of 2014 extradition to France ” #Toronto #Montreal #Calgary #Ottawa #Canada
Diab’s objections are spelled out in a letter written by his lawyer Donald Bayne and despatched to Murray Segal, the previous Ontario deputy lawyer normal tasked with reviewing Diab’s case.
“These terms of reference are a disservice to Dr. Diab and to all the suffering he and his family have been put through,” Bayne wrote within the letter, which was additionally despatched to Prime Minister Justin Trudeau and Justice Minister Jody Wilson-Raybould.
“Dr. Diab and his family cannot in good conscience participate in what now appears to be little more than a concerted damage-control effort.”
Diab, 64, was extradited to France in 2014. Wanted by French authorities in reference to a 1980 bombing exterior a Paris synagogue that killed 4 and injured dozens, Diab spent greater than three years in near-solitary confinement whereas France investigated his alleged involvement within the terror assault.
Diab was by no means charged. He was returned to Canada in January 2018 after French judges dropped his case as a consequence of a scarcity of proof.
Diab and his supporters have demanded a judge-led public inquiry to look at the dealing with of his case by Department of Justice officers.
They additionally need an examination of Canada’s extradition legal guidelines, which allowed Diab to be despatched to France on the idea of what the extraditing decide referred to as a “weak case” and left Diab to languish in a most safety jail for greater than three years.
Rights teams reminiscent of Amnesty International and the B.C. Civil Liberties Association (BCCLA) additionally referred to as for a public inquiry after CBC News revealed the steps Canadian authorities officers took to assist safe Diab’s extradition.
But Wilson-Raybould rejected the requires a public inquiry and as a substitute requested Segal to conduct an exterior evaluation of the case.
“Mr. Segal will be given the tools, access and discretion necessary to conduct a thorough and independent review of the case,” Wilson-Raybould mentioned in a press release saying the phrases of the evaluation in early July.
Wilson-Raybould’s spokesperson David Taylor launched a press release saying primarily the identical factor when requested to reply to Diab’s boycott.
“This independent external review is being led by Murray Segal. Mr. Segal has been given the tools, access and discretion necessary to conduct a thorough review of the case,” Taylor mentioned in his assertion.
Diab would not agree. According to Bayne’s letter, he objects to the truth that Segal will not assess Canada’s extradition legal guidelines and would be the solely particular person allowed to query witnesses or see paperwork linked to the case.
“The real issues will not be addressed, no problem with existing law will be identified, no Ministry of Justice personnel will be embarrassed or sanctioned,” Bayne wrote.
Bayne wrote that the phrases of reference of the investigation “compel Dr. Diab and his family to the conclusion that the minister has no serious intention to examine the problems in Canadian extradition law and procedure.”
“He and his family sincerely regret that they are compelled to this conclusion as they wished very much to be an active participant in a public inquiry process that would be beneficial to all Canadians,” the letter provides.
In his letter, Bayne says he has “deep personal and professional respect” for Segal and that the choice to boycott is in regards to the phrases of reference and never Segal personally.
In a press release to CBC News, Segal defended the evaluation and inspired Diab to rethink his boycott.
“The terms of reference include access to people and documents. The materials and access will help support a thorough examination,” Segal mentioned. “I have asked (Bayne) to reconsider as the review would be immeasurably assisted by Dr. Diab’s and (Bayne’s) input.”
Segal spent many years holding senior positions within the Ontario public service earlier than leaving for the personal sector, the place he has labored as a lawyer, mediator and marketing consultant.
He has led quite a few high-profile evaluations, most notably the unbiased probe of the actions of Nova Scotia police and public prosecutors within the Rehtaeh Parsons case. He additionally has carried out evaluations of CSIS and the Criminal Law Branch of British Columbia.
Rights teams renew requires public inquiry
Amnesty International and the BCCLA have renewed their calls for for a public inquiry into Diab’s extradition as a consequence of comparable considerations in regards to the scope of the exterior evaluation established by the federal government and the instruments out there to it.
A letter despatched by Amnesty and the BCCLA to Wilson-Raybould on July 16 argues that “a full picture of why Dr. Diab was sent from Canada to France may not emerge from this review,” including that it’s going to assess solely whether or not the regulation and Department of Justice practices and procedures had been adopted.
“With respect, this is inadequate and, in fact, entirely misses one of the main reasons this review is necessary,” the letter states.
The human rights organizations additionally argue that present or former officers within the French authorities who would possibly be capable to make clear French conduct main as much as Diab’s committal for extradition may not be interviewed as a part of the evaluation.
Documents obtained by CBC News present that France was conscious of — and did not disclose — fingerprint proof that helped to clear Diab of involvement within the terrorist assault when it made its formal extradition request to Canada.
The letter from the human rights organizations provides that France might have a robust curiosity in objecting to the manufacturing of sure paperwork for the exterior evaluation with a purpose to obscure its conduct. The letter asks that every one related paperwork and proof in Canada’s possession be offered to Segal, no matter France’s preferences.
“The strong public interest in a full understanding and accounting of the events in Dr. Diab’s case, in our view, must supersede international relations concerns.”
During an end-of-session information convention in June, Prime Minister Justin Trudeau expressed confidence that an exterior evaluation could be an ample mechanism to research any points with the Diab extradition.
“I think for Hassan Diab, we have to recognize, first of all, that what happened to him never should have happened,” Trudeau mentioned. “This is something that obviously was an extremely difficult situation to go through for himself, for his family, and that’s why we’ve asked for an independent, external review to look into exactly how this happened and make sure this never happens again.”
Diab’s case stays earlier than the French courts. France has appealed the January resolution to launch Diab from jail. Three French magistrates in Paris had been anticipated to rule on the enchantment on July 6. However, the sudden look of latest proof has delayed the choice till late September.
Note: “Previously Published on: 2018-07-24 04:00:00, as ‘Hassan Diab to boycott exterior evaluation of 2014 extradition to France