Introduction:
On Oct. 3 1980 at 6:38 p.m. a Paris synagogue on Copernic Street in Paris was bombed during prayer services which resulted in four dead and 46 injured. It was reported as the first deadly attack against Jewish people in France since the end of the Second World War. It wasn’t until 2011 that France requested the extradition of Prof. Hassan Diab for his alleged involvement in the 1980 Paris synagogue bombing.
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On April 4, 2012, the Canadian Conservative Minister of Justice, Rob Nicholson, ordered Diab extradited to France. On November 14, 2014, Hassan was extradited from Canada to France where he is languishing in prison while the investigation into the 36-year old crime continues.
Since then three French anti-terrorism judges have uncovered testimony from several individuals stating that Dr. Diab was in Lebanon at the time of the bombing as well as University records which show he wrote and passed exams in Beirut then and couldn’t have been in Paris. They have ordered his conditional release under electronic surveillance six times, only to have their orders challenged by the prosecutor and overturned by an appeal court.
A Visit with Prof. Hassan Diab
In May 2017 John Riddell and I visited Prof. Hassan Diab, who is incarcerated in solitary confinement in at the Fleury-Merogis prison 30 kilometers south of Paris.
He has been languishing there for three years on false accusations and no forensic evidence of guilt of a 1980 bombing of a Synagogue on Copernic Street in Paris. But Diab wasn’t even in France at the time.
We approached the sprawling jail with apprehension. It was three years since Hassan was imprisoned; 18 months since we last saw him. He’d served this long stretch in near-solitary confinement, even though he’d been convicted of no crime and no charges had been laid against him. And there was no end in sight.
Yet when we finally made it through the bars and checkpoints that separate him from the world, we found Hassan full of warmth and optimism.
It was wonderful to see and embrace Hassan, who was equally glad to see us. Hassan said that, while the prison environment is inhuman and oppressive, as he reported when we last saw him a year and a half ago, more guards now treat him with respect. We ourselves noticed, this time, that several guards acknowledged Hassan with respect as “le canadien.” And our visit, at 45 minutes, was almost twice as long as the last time.
Hassan was moved in early May to a new cell block, D3, which he said was similar to the old one in D4 — better in some ways, worse in others. For instance he is waiting for a promised access to an exercise facility. Otherwise, he has only one or two hours a day outside his cell, a mere cubicle. He is on the fourth level of what he describes as a gigantic chicken coop, with wire mesh in place of partitions.
Hassan has been promised an hour a week to play soccer on an outdoor court which he says with some irony probably entitles him to the status of a “free-range chicken.”
Hassan closely follows the activities in Canada which lend him support. He took pleasure in knowing that a demonstration was to take place in Ottawa the day after our visit to him.
Accepting two books recommended by his wife Rania, he spoke warmly of her continued loyalty. He appreciates all the books he has received as he is an avid and sophisticated reader. Hassan takes lessons in French along with a few of his prison guards who seek to supplement their inadequate education in the language.
At the last bail hearing, Hassan said, the authorities simply asserted that he might well flee if given bail, giving no evidence and suggesting no motivation. He was permitted less than a minute to respond, and his arguments were not answered. As we know, he was granted bail – for the sixth time – but this was overruled by higher authorities.
The examining magistrate concedes there is no significant evidence against him, Hassan says. He adds that there are signs that they could now readily close the investigation without recommending charges. If that is done, Hassan could then go free and return to Canada — unless the higher authorities appeal, which he understands they may well do.
No justice yet
And yet, the investigation remains open, as if in anticipation that some piece of incriminating evidence will turn up. This could take the form of a false report from a jailhouse snitch. To minimize the likelihood of this, Hassan avoids discussions with the detainees and in particular, he pointedly does not speak in French.
Hassan received a visit from a member of the Canadian embassy staff. In response to Hassan’s request for help, the staffer said he was awaiting instructions from Ottawa. Hassan suggested that we stress this in our discussions with officials in Canada. He strongly urged his supporters in Canada to continue appealing to their MPs.
Hassan appears in good spirits, self-possessed and hopeful. He has, however, developed a back problem causing him physical discomfort and pain. He attributes this condition to his excessively cramped cell environment, which obstructs body movements. The prison health service has provided him with a therapeutic belt which gives him limited relief.
We were sad to part, knowing his incarceration continues and is taking a toll.
French Press Coverage of Hassan’s Case
After our visit to Hassan, we noted an important article on his case published that day in the Paris daily Le Figaro under the title: “Rue Copernic Attack: There are Fears That No Charges Will Be Laid.” (See http://tinyurl.com/y75zcgne).
Figaro gives public confirmation to Hassan’s view that the investigation into his case has failed to turn up convincing evidence of his involvement in the tragic bomb blast on the Rue Copernic 31 years ago.
The newspaper reports an initiative by a lawyer representing families of the victims lamenting that the investigation of his case may soon be concluded without the laying of any charges. The article provides a brief summary of facts relating to four key disputed questions of fact in Hassan’s case. According to Figaro, the evidence is marked by an “absence of unassailable fact, particularly regarding DNA.”
Figaro also points to Hassan’s lawyers’ “striking success,” in that they have five times achieved rulings favouring his release on bail even though these decisions were overruled by higher authorities.