A long-overdue decision in a troubling, troubled case that began with a fatal bombing

Hassan Diab is expected to be a free man for the first time in nearly 10 years thanks to a long-overdue decision from two French investigating judges that has brought a possible end to the terrorism case against him.

The former University of Ottawa professor had been waiting for three years in pretrial detention at a maximum-security prison outside Paris, a length of time that has been condemned by Amnesty International.

The Canadian government — Justin Trudeau in particular — has been shamefully quiet in public regarding Diab’s plight. On Friday, Cameron Ahmad, a spokesman with the Prime Minister’s Office, referred a request for comment from Trudeau to Global Affairs and declined to respond to questions about Diab’s case.

“Canada welcomes the recent court decision to release Hassan Diab,” said an email from Brittany Venhola-Fletcher, with Global Affairs. “Consular officials have provided assistance to Mr. Diab throughout his detention in France and stand ready to assist Mr. Diab with his return home.”

It’s a tale that starts in October 1980 with a synagogue bombing that left four passersby dead and more than 40 injured. Diab, a Lebanese-Canadian, was the sole suspect in the bombing and was arrested in November 2008 by an RCMP tactical team. After a six-year court battle in Canada, he was extradited to France in November 2014.

The case has been troubling and troubled since the beginning.

During Diab’s extradition hearings, Superior Court Justice Robert Maranger declared the evidence against Diab would be too weak to convict him in Canada and was “convoluted and confusing (with) suspect conclusion.” But extradition law has lower standards, Maranger concluded.

Indeed, Diab risked facing a trial with evidence that may have been extracted under torture and handwriting samples that, in Canadian courts, had been discounted.

Eight times, Diab had been ordered released on bail in France. Eight times, appeals court judges had overturned those decisions.

France, along with many nations, has been gripped by fears of terrorism.

Diab’s lawyers have argued this is one reason why his bail orders have been overturned; nobody wants to appear soft on terrorism or crime. Despite the pressure and the desire for the state to protect its citizens, politics must never interfere with justice.

There’s the possibility of an appeal, but French judges have declared the evidence against Diab unreliable.

For now, Diab is a free man.