Soleiman Faqiri was living with schizophrenia and died during a fight with prison guards at the Central East Correctional Facility in Lindsay, Ont., on Dec. 11, 2016. In the days before his death, he was waiting to be transferred to a medical facility. “Why are people with mental illness treated with this humiliation? Why are people with mental illness given to their families in bags?” Faqiri’s older brother, Yusuf, told CTV News. In an email obtained by CTV News, the OPP wrote that there was insufficient evidence to establish the requisite grounds to believe a criminal offense has been committed. This latest research was prompted by an August 2021 report by Dr. Michael Pollanen, Chief Coroner of Ontario. In his report, Pollanen said Faqiri’s death was due to “restraint in a prone position and musculocutaneous injuries sustained during competition, exercise and exposure to pepper spray”. The 30-year-old had more than 50 blunt force injuries and was bound and hooded, according to the report. Pollanen also noted that Faqiri had an “enlarged heart and worsening schizophrenia,” which were exacerbated by the injuries he suffered. The OPP’s insistence that there is not “sufficient evidence” baffles Yusuf. “If that’s insufficient evidence, I don’t know what else is left to hold Suleiman Fakiri accountable for the death. The OPP seem to think there should be a different standard and that’s a problem,” he said. This is also the third time police have refused to press charges in Faqiri’s death. In October 2017, the City of Kawartha Lakes Police Service announced that “there are no grounds to pursue criminal charges against anyone associated with Mr. Faqiri prior to his death.” Four days after the police announcement, the initial autopsy concluded that Fakiri’s death was “uncertain” — a finding that the Pollanen report called “complex.” Two years later, the OPP announced they would reopen the investigation into Faqiri’s death, but in August 2020, provincial police also said no charges would be laid in the incident. “Why is it that when law enforcement commits these heinous acts against vulnerable Canadians and Ontarians, they are not held accountable?” Yusuf said. “I don’t know what else is left to hold him criminally accountable for the death of Suleiman Fakiri. The OPP seem to think there should be a different standard.” The elder Faqiri says his family has lost faith in the justice system and believes his brother, who was in prison on multiple assault charges, should be in hospital, not in a cell. He says the only reason his brother wasn’t in a hospital at the time was because he was waiting for a bed to open up. “What makes the story so tragic is that the system is supposed to be there to help people,” he said. “My brother deserves better, but Ontarians and Canadians deserve better. Prisons have become the new hospital.” In a statement, the OPP said the pathology report was carefully reviewed by both police and the Crown, but declined to comment further as a forensic investigation is planned. While no date has been set, the family hopes the forensic investigation will shed more light on what happened. “The fight to get justice for Suleiman Fakiri is far from over. We remain resilient and remain steadfast in bringing justice for Suleiman and the many other Canadians and Ontarians who are suffering through the justice system,” Yusuf said. “The forensic investigation will go a long way to show more about what happened to Suleiman Fakiri and we will be ready.”