Now, that hope is gone. CBC News has confirmed that Ontario Provincial Police will not charge the guards involved in the death of Faqiri at an Ontario prison in December 2016, even after the province’s chief medical examiner found that the guards’ actions directly contributed to his death . In an email to the family last February, obtained by CBC News, the OPP say there is still “insufficient evidence” to lay charges against anyone involved the day Faqiri died. The decision closes the door on criminal accountability after a long-running family fight to find someone responsible for Faqiri’s death. Faqiri’s loved ones say they did not come forward at the time because they were still processing their pain and anger. Now, they speak exclusively to CBC Toronto. “We sincerely believed that the OPP would make the right decision once and for all, but they continue to fail my family,” said Faqiri’s older brother, Yusuf. “The system has two standards: one for us Canadians and the rest for law enforcement,” he said, referring to the corrections officers involved. “He failed to uphold justice.”
The police lack the courage to “do the right thing”: family
This is the third time police have decided not to charge the guards involved on the day Fakiri died at the Central East Correctional Centre. Two previous criminal investigations by the Kawartha Lakes Police Service and the OPP did not result in charges. This is despite the fact that Ontario’s Chief Medical Examiner, Dr. Michael Pollanen, found last year that Faqiri’s death was the result of being held face down, as well as injuries sustained when six guards held him down and repeatedly beat him. Faqiri grew up as a straight-A student and captain of his high school’s soccer team. He was diagnosed with schizophrenia at 18 and over the years had been repeatedly taken under the province’s Mental Health Act. (Submitted by Yusuf Faqiri) The 30-year-old, who was living with schizophrenia, had been charged with aggravated assault, assault and uttering threats following an argument with a neighbor and was awaiting psychiatric care in a psychiatric unit at the time of his death. In the days following Pollanen’s findings, Faqiri’s case was referred back to the OPP for review, putting the possibility of criminal charges back on the table. Several advocacy groups issued a joint statement calling on police and Crown prosecutors to bring criminal charges against the guards. But on Feb. 23, an OPP email arrived that confirmed their worst fears. Once again, there will be no charges, with no explanation given as to how police reached their decision or what exactly the review entailed. In the email, Det.-Insp. Brad Collins offered his assurance that “a thorough and objective investigation has been completed.” However, he said, “there remains insufficient evidence to establish the requisite grounds to believe that a criminal offense has been committed by an individual or group.” “How is there not enough evidence when you have an eyewitness to a man’s death by beating, you have the chief pathologist stating that the actions of the guards directly led to Soli’s murder?” Yusuf asked. “Fifty bruises, legs and arms tied, pepper sprayed twice, hood spit on head… And the police still don’t have the guts to do the right thing.” Ontario’s Ministry of Corrections has repeatedly declined to comment on the case, citing ongoing legal proceedings. WATCHES | Former inmate tells The Fifth Estate about being haunted by Faqiri’s death:
An ex-convict talks about a day that haunts him
John Thibeault says he saw prison guards beating Soleiman Faqiri
The Pathologist’s review was “carefully considered,” the OPP says
In an email to CBC News on Monday, an OPP spokesperson confirmed they would not be laying charges in Faqiri’s death. “Dr. Pollanen’s report was carefully considered during the subsequent review of this case, by both the OPP and the Crown. The outcome of the OPP investigation remains unchanged,” the statement from the Minister said. Erin Crandon. Cranton declined to comment further citing an upcoming coroner’s investigation. In a statement Monday, the Faqiri family’s lawyer, Nader Hasan, criticized the OPP’s decision, saying, “The OPP continues to pretend that Canadian criminal law does not apply to this investigation.” “They know that the guards used unlawful force on Suleiman. They know that the guards unlawfully restrained Suleiman while beating him,” Hassan said. “However, the OPP continue to pretend this is not a murder.” A post-mortem report listed more than 50 signs of what it described as “blunt force trauma”, including ligature marks, bruises and cuts on Faqiri’s body, as well as internal injuries discovered during the autopsy. (Kawartha Lakes Police Service) The Ministry of the Attorney General told CBC News that the investigation and laying of criminal charges is a function of the police services. “The Department of the Attorney General has no jurisdiction to investigate allegations of criminal activity or to direct the police in their investigations.” As CBC News previously reported, court documents indicate that prison guards violated their policies regarding the use of force to restrain Faqiri. In a formal examination under oath, Dawn Roselle, one of two prison directors fired after Faqiri’s death, said she would never knowingly combine the use of pepper spray and a spit hood with holding someone in the stomach of. The province claimed in court documents that Rosell and another manager who were fired after Fakiri’s death did not act “within the course and scope of their duties.” The directors’ lawyer previously told CBC News that his clients are being “scapegoated” by the province.
“Suleiman’s memory will never be removed”
For Faqiri’s family, the charges would mean justice, Yusuf says. In 2019, the family filed a $14.3 million lawsuit against the Department of Community Safety and Correctional Services, the superintendent of the Central East Correctional Center and seven individual corrections officers. However, that has since been settled, CBC News has learned. As for details, Yusuf said the lawsuit has been settled “in a way that is satisfactory to my family,” but declined to comment further. A label on the package of the particular bubble used on Faqiri before his death reads: “Warning: Improper use of the TranZport hood can cause injury or death… Improper use can cause suffocation, suffocation or choking on fluids person. (Court documents) However, the news that no one will be charged in the death of their beloved “Soli” makes the pain of losing him as fresh as the first day, says Yusuf. “He’s gone forever, but it feels like his death was yesterday,” she said. Almost six years later, Yusuf still visits his brother’s grave every Friday – a way to feel closer to him, he says. Even in death, the moments they shared together in simpler times as brothers—playing soccer or video games—remain his comfort. “The guards may have taken his life, but Suleiman’s memory will never be taken away.”
