Toronto Star

Accountabi­lity elusive in case of Soleiman Faqiri

- Amira Elghawaby is an Ottawa-based human rights advocate and a freelance contributi­ng columnist for the Star. Follow her on Twitter: @AmiraElgha­waby Amira Elghawaby

On most Fridays, you will find Yusuf Faqiri’s tall, broad frame hunched over a small grave marker at a cemetery in Ajax.

For the past three and a half years, the 36-year-old public servant has been visiting his brother’s final resting place with a promise in mind: to hold those responsibl­e for his death accountabl­e.

Yet fulfilling that promise has been painfully elusive, highlighti­ng concerning dysfunctio­n in our justice system.

Yusuf’s brother Soleiman, also fondly known as Soli, was diagnosed with schizophre­nia following a car accident while studying environmen­tal engineerin­g at the University of Waterloo. Up until then, he had been the rock of his family — a straight-A student who even taught his mother how to read. Following his diagnosis, his family watched his health deteriorat­e and, from time to time, police would be asked to intervene under the Mental Health Act.

The last such incident involved an altercatio­n with a neighbour that resulted for the first time in various assault charges against Soleiman. But instead of medical treatment, Soleiman was taken to prison and put into segregatio­n, waiting for a bed to become available at a nearby hospital. He remained in solitary confinemen­t for 11 days.

His family would never see him alive again. They were simply notified of Soleiman’s death without any given explanatio­n. No one from the jail or from the Ministry of the Solicitor General offered condolence­s.

What happened inside has now been the subject of two criminal investigat­ions, an internal ministry probe, a coroner’s report and a media investigat­ion that included the testimony of an eyewitness. Every piece of informatio­n and revelation to date has clearly pointed to a system that not only failed to protect a vulnerable young man but that was responsibl­e for his demise.

No one has been fully held accountabl­e.

The most recent blow to the Faqiri family came last week when the Ontario Provincial Police concluded that it wouldn’t seek criminal charges against any of the correction­s officers involved in the confrontat­ion that led to Soleiman’s death.

The force’s unconscion­able reasoning was it couldn’t ascertain exactly who did what in the melee that saw Soleiman punched, pepper-sprayed, shackled and covered in a spit-hood before taking his final breaths inside his isolation cell. “It’s a huge slap in the face to the family of Soleiman Faqiri and to all Canadians who expect that the police do their job diligently, regardless of who the alleged perpetrato­rs are or who the alleged victims are,” said the family’s lawyer, Nader Hasan, in an interview. “There is no doubt in my mind that the outcome would have been different if Soleiman wasn’t in pre-trial custody and his killers weren’t correction­al officers.”

Hasan isn’t alone in questionin­g the OPP’s reasoning, which it has claimed is based on a legal opinion from the local Crown attorney’s office that it refuses to make public. Other prominent criminal and human rights lawyers, including Paul Champ and Clayton Ruby, have similarly spoken out against the force’s conclusion, which essentiall­y suggests that if a group of people kill someone, no one can be held responsibl­e unless it is absolutely clear who did what. With the backdrop of the Black Lives Matter movement and the subsequent spotlight on police brutality of Black and brown people in both the United States and Canada, this case is one more example of why little trust exists between communitie­s of colour and state institutio­ns.

“This unrelentin­g violence against Black, Indigenous and racialized people, particular­ly those whose lives intersect with disability, reflects a massive failure of government — at all levels — to meet its obligation­s to protect and promote human dignity, equity and non-discrimina­tion. This violence must end now,” reads a statement released this week and signed by a host of organizati­ons serving racialized communitie­s, including the Black Legal Action Centre and the Ontario Council of Agencies Serving Immigrants. They, too, are demanding answers.

The burden of pushing for reform shouldn’t rest solely on the shoulders of those who have lost someone to systems that keep failing. Justice is a collective promise we owe each other. Keeping it starts with accountabi­lity.

This case is one more example of why little trust exists between communitie­s of colour and state institutio­ns

 ?? MUHAMMED ZWINK ?? Yusuf Faqiri holds a photo of his brother Soleiman at a rally for justice in Soleiman’s case at Ottawa City Hall on Saturday.
MUHAMMED ZWINK Yusuf Faqiri holds a photo of his brother Soleiman at a rally for justice in Soleiman’s case at Ottawa City Hall on Saturday.
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