Despite a report from Ontario’s top pathologist citing blame on the actions of correctional officers, OPP again say no criminal charges will be laid in the 2016 death of Soleiman Faqiri at the Central East Correctional Centre in Lindsay, Ont.
It’s now the third time police — municipal and provincial — have investigated but have not laid any criminal charges in the death of the 30-year-old Ajax, Ont., man on Dec. 15, 2016.
Global News has obtained correspondence from the OPP issued to the Faqiri family in February 2022. OPP Det. Insp. Brad Collins says although a second post-mortem in 2021 by chief forensic pathologist Dr. Michael Pollanen determined Faqiri died at the hands of correctional officers, it does not change the OPP’s “prior investigative conclusions” into the incident.
“This is because there remains insufficient evidence to form the requisite grounds to believe a criminal offence has been committed by an individual or a group,” Collins stated.
“The Ontario Provincial Police offers reassurance to the family that a thorough and objective investigation was completed. This includes careful consideration given to Dr. Michael Pollanen’s post-mortem report of August 2021.”
An original post-mortem by a coroner in 2017 said the cause of death was “unascertained,” and that Faqiri’s injuries were “insufficient to explain death.”
The City of Kawartha Lakes Police Service in Lindsay in October 2017 said there were no grounds for criminal charges after their initial investigation. In August 2020, the OPP also concluded no criminal charges would be laid against the six correctional officers directly involved in the incident.
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Faqiri was in solitary confinement while in custody at the super jail. He suffered from schizophrenia and was awaiting a mental health assessment and transfer to a health facility. Post-mortem and police reports say he got into an altercation with multiple guards and sustained more than 50 injuries. He was pronounced dead on Dec. 15, 2016.
Court documents later revealed guards handcuffed Faqiri face-down, pepper sprayed and his head was placed inside a spit hood — contrary to provincial restraint training guidelines and policies.
Faqiri’s family, who for years fought for criminal charges in the death, on Tuesday say the latest ruling by OPP is another “huge blow to the public’s confidence in law enforcement.”
“Dr. Pollanen’s report was the light at the end of a very dark tunnel for our family,” stated Yusuf Faqiri, Soleiman’s brother and founder of the Justice For Soli movement.
“We thought that we would finally see justice and that those who killed him would be held accountable. The OPP’s decision not to hold anyone responsible is a slap in the face of all Ontarians who believe that no one should be above the law, not even corrections officers. This is a gross miscarriage of justice. This fight is far from over.
“The OPP failed my family, they failed Soleiman, and they failed Ontarians by failing to do their job.”
Nader Hasan, the Faqiris’ family lawyer, says the OPP continues to “pretend” Canadian criminal law is not applicable in the death.
“They know that the guards used force unlawfully on Soleiman,” he said. “They know that the guards unlawfully confined Soleiman while they beat him. They know that the guards killed him while committing these crimes. Yet, the OPP continues to pretend that this is not murder.
“Over the past four years, we have grown accustomed to the OPP’s intransigence, but that does not make their behaviour any less disgraceful,” added Hasan.
Ontario’s Ministry of the Solicitor General has continued to decline to comment on the incident due to ongoing legal proceedings.
In a statement Tuesday, OPP said Pollanen’s report had been “carefully considered” in the review of the case by investigators and the Crown.
“The outcome of the OPP investigation remains unchanged,” acting Sgt. Erin Cranton, East Region media relations coordinator.
“It would be inappropriate to comment further at this time, to preserve the integrity of any ensuing legal processes or Coroner’s Inquest
“The OPP sincerely sympathize with the Faqiri family as they have suffered great personal loss.”
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