Toronto Star

It took prison 11 days to kill him

Family of man fighting for accountabi­lity and dignity for people with mental illnesses

- Shree Paradkar

Few tragedies are as heartbreak­ing as those at the intersecti­on of mental illness and incarcerat­ion.

The life of 30-year-old Soleiman Faqiri, like the lives of Ashley Smith, Pierre

Coriolan, Errol Greene, Abdurahman Ibrahim Hassan and Moses Beaver among others before him, ended at that intersecti­on.

“Soleiman’s life was ended in the very institutio­n that was supposed to protect him,” Soleiman’s brother Yusuf Faqiri told a room of about 50 youth at York University on Wednesday.

“People with mental illness, their lives are not cheap. They, too, have dignity, something my brother was not given.”

The story of Soleiman — or Soli, as the family calls him — has been told and retold in the Star, at the CBC and other media.

A quick recap: On Dec. 4, 2016, Soleiman was arrested for allegedly stabbing his neighbour with an “edged weapon” that left the neighbour with minor injuries.

By all accounts, Soleiman was a bright, athletic kid. He was enrolled in environmen­tal engineerin­g at the University of Waterloo known to take the brightest scientific minds.

Then his life’s trajectory changed. He had a car accident. Sometime in the aftermath of that accident, he was diagnosed with schizophre­nia. He often struggled with taking his medication regularly. But that didn’t mean he had stopped learning. Soli, who spoke English and Farsi, picked up Arabic. “He taught my mom how to read the Qu’ran,” Faqiri said.

Soleiman had had run-ins with law enforcemen­t. But it was usually under

Ontario’s Mental Health Act — meaning the arresting officers would take him to a doctor. This time, though, he was taken to the notorious Lindsay superjail, where he was placed in solitary confinemen­t. Eleven days later, he died. Reports obtained by the Star in 2018 found that in the hours before he died, 20 to 30 officers were involved in subduing him. He was pepper sprayed twice, his face covered with a spit hood; his body held down with leg irons.

“It took my mother 11 years to keep him alive. It took the justice system just 11 days to kill him,” Faqiri told the audience Wednesday.

One obvious difference is that Soli’s mother loved and accepted her child as he was. The prison did not.

But Soli’s story is about more than love. It’s about accountabi­lity. His family has begun a Justice for Soli campaign that seeks accountabi­lity for this death — the family wants the prison guards criminally charged — and of the system that would ensure others don’t meet the same fate.

People with mental illnesses are overrepres­ented in Ontario prisons. In 2013, the Human Rights Tribunal of Ontario ordered as part of what is called the Jahn Settlement Agreement that there be improvemen­ts in access to mental-health services for inmates and improved mental-health training for staff.

Soli’s case raises powerful questions about why this does not appear to have been followed.

In 2017, the Ontario Ministry of Community Safety and Correction­al Services said it had “substantia­lly complied” with those remedies.

An independen­t 99-page review by Justice David Cole in January 2018 found that there “are a number of unaddresse­d (or inadequate­ly addressed) issues that continue to be troubling” in relation to placing mentally ill patients in “conditions that resemble segregatio­n.”

“There is no excuse for officers … not having better training to manage Soli,” lawyer Nancy Charbonnea­u, who specialize­s in prison law and child protection, said in a message that was read out.

Segregatio­n was supposed to be a last resort, but it remains a routine approach to population management including for those with identifiab­le mentalheal­th concerns, she said.

One thing the prison guards or the system had likely not reckoned with was the depth of family support that Soli had. After months of knocking on doors with no answers — even a coroner’s report that simply said the cause of death was “unascertai­ned” — they have sued the province for $14 million.

Wednesday’s audience, who were first shown a CBC “Fifth Estate” documentar­y on Soli, comprised law school students as well as Grade 10 students from neighbourh­ood schools who had come as part of an initiative called Law in Action Within Schools — that connects law schools to schools in the community.

“Did your view on mental health change after Soli’s death or were you always aware?,” asked a 15-year-old who can’t be named without parental permission.

It was a question that prompted Faqiri to share a story for the first time in all of his public speaking on this issue across the country.

“I made a mistake once and I called him crazy,” Faqiri said. “He went into his room and brought his medication­s. He said ‘Do you think I want this? This has happened to me.’

“And I broke down. I learnt very quickly not to look at him through that lens again.”

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 ??  ?? “It took my mother 11 years to keep him alive. It took the justice system just 11 days to kill him,” Yusuf Faqiri says of his brother.
“It took my mother 11 years to keep him alive. It took the justice system just 11 days to kill him,” Yusuf Faqiri says of his brother.
 ??  ?? Soleiman Faqiri, seen in a family photo, died in custody in Lindsay, Ont., in 2016.
Soleiman Faqiri, seen in a family photo, died in custody in Lindsay, Ont., in 2016.

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