No charges in mentally ill man’s death at Lindsay jail
Family continues to demand answers in December 2016 Soleiman Faqiri incident
No criminal charges will be laid in the case of Soleiman Faqiri, a mentally ill man who died in a Lindsay jail after a three-hour-long encounter with correctional officers in 2016. Few details are known about the circumstances that led to the altercation and Faqiri’s death.
Acoroner’s report showed that his body had 50 injuries: a bruised laceration on his forehead, and multiple bruises and abrasions on his face, torso and limbs — all the result of blunt impact trauma that occurred after the prolonged confrontation with prison officers in a segregation cell at the Central East Correctional Centre in Lindsay, Ont.
Faqiri had been diagnosed with schizophrenia a decade before his death. He was being held at the jail for a mental health assessment after being arrested on charges of assault and uttering threats.
The Kawartha Lakes Police Service told the family in a brief email sent on Friday that the conclusion of an investigation into the death of Faqiri, 30, had been reached after a thorough analysis of all the evidence and witness statements, and after consulting with the Office of the Crown Attorney and medical experts.
“No grounds exist to process criminal charges against anyone who was involved with [Soleiman] prior to his death on Dec.15, 2016,” the Kawartha Lakes police wrote.
They also expressed condolences “to everyone affected by this tragic event.”
The same statement was released to media on Monday.
The family has responded to the email with shock, anger and most of all, confusion.
Faqiri’s mother, Maryam, who visits her son’s grave every day, broke into tears when she heard the news — her world ended once again, she said.
Faqiri’s father, Ghulam doesn’t understand how no one could be held responsible. He keeps asking his sons, “why?”
“I am truly disappointed in our justice system,” said Sohrab, the middle Faqiri brother.
“Is this the world we live in?” asked Ali, the youngest. Nader Hasan and Edward Marrocco, the Faqiris’ lawyers, have attempted, unsuccessfully, to get further information from the police.
“We were promised answers for 11 months, and at the end of 11 months all we get is this two-line email,” said Hasan.
In an email to the Star’s inquiry for further explanation, Sgt. Tom Hickey of the Kawartha Lakes Police Service said that “the threshold for the laying of criminal charges is very high. In this case, after a thorough investigation, that threshold was not met.”
Hickey said that the Office of the Crown Attorney, who is responsible for prosecuting cases such as this, agreed that this threshold was not met.
Neither Hickey nor the Ministry of Community Safety and Correctional Services were able to release any evidence related to the investigation, including video footage of the altercation between Soleiman and prison officers, which was referred to in the coroner’s report.
“It would be inappropriate to comment further regarding staff discipline while investigations are underway and may be subject to a coroner’s inquest,” said a ministry spokesperson in an email.
Dr. David Eden, regional supervising coroner for inquests, said that they will be meeting with the family as soon as possible, and will make a decision regarding the inquest at that time.
Hasan and Marrocco will be requesting an expedited coroner’s inquest, and will also call on the Ontario Provincial Police to reinvestigate the matter.
“What’s disgraceful, what’s despicable, is the lack of transparency,” said Yusuf, Faqiri’s older brother. “We were constantly told this was a complex investigation multiple times, but we only received an email that lacked empathy, compassion and transparency.”
Renu Mandhane, chief commissioner of the Ontario Human Rights Commission (OHRC), says that the Faqiri case is part of a wider systemic problem in Ontario’s correctional services.
“This is a system that has not had independent oversight for a very long time,” she said. “There’s a culture where people don’t live and breathe accountability.”
“We were promised answers for 11 months, and at the end of 11 months all we get is this two-line email.” NADER HASAN LAWYER