Inmate's family to demand inquest if guards involved in fatal 'physical altercation' not charged

The family of a mentally ill inmate who died during a physical altercation with his guards last month wants to know why investigating officers have not yet laid charges in connection with thedeath.

TheKawarthaLakes Police Service acknowledged Monday thatSoleimanFaqiristopped breathing on Dec. 15 while at least two guards used physical force against him inside an Ontario jail.

Faqiri, 30, had been in custody at Central East Correctional Centre in Lindsay, Ont., awaiting a mental health assessment, his family told CBC Toronto in December.

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He had been in solitary confinement when he died, they allege.

"It has been more than six weeks sinceSoleimandied and we still don't have answers,"NaderHasan, a lawyerrepresentingFaqiri'sfamilytold CBC Toronto. "The Faqiri family have been extremely patient with the police, but the police have shown us nothing from their investigation."

Officials saidthey tried to revive Faqiri after he lost all vital signs, according to the statement released by the investigating police agency.

They were unsuccessful, however, and the 30-year-old died in his cell.

At the time, the Faqiris did not receive any explanation about either the moments leading up to their son's death or about the condition they found him in.

The Ajax man's family allegeFaqiri's face appeared covered in bruises when they were allowed to see his body. A gash split the man's forehead as well, the family said.

Awaiting autopsy results

Part of the investigation relies on the findings of the provincial coroner's office, Kawartha Lakes police said.

The provincial coroner conducted an autopsy following Faqiri's death, the results of which will not be ready for at least another six weeks, police said.

Our investigation is still in the process of evaluating evidence and determining if there is any criminal intent.- Kawartha Lakes Police Service

But the man's family saidthey want to know why police are waiting for the autopsy before laying charges, arguing that the report will show only the physical cause of Faqiri's death, their lawyer said Monday.

The investigating officersshould be able to determine whether the guards' intent or actions could warrant charges with the evidence they already have, Hasan said.

The lawyer saidFaqiri's family will petition the province for an inquest if the guards are not prosecuted.

"Through that process we will get the answers we want," the lawyer said. "If a charge is not laid then you can rest assured that we will be pushing very hard and will be taking the position that an inquest is mandatory."

A 'gentle soul' gone, a family searches for answers

8 years ago

Duration 2:33

Soleiman Faqiri's family wants to know how he died in his jail cell days after being taken into custody.

Calls to the KawarthaLakes police detachment for a response have notyet been returned.

Instead, the policestatement alluded to needingmore time.

"Our investigation is still in the process of evaluating evidence and determining if there is any criminal intent that contributed to the death of Mr. Faqiri," the statementreads.

Many questions remain for family

It remainsunclear exactly how many jail guards were present at thetimeFaqiri died. The police statement says only that "multiple correctional officers" took part in the "physical altercation."

It's also unclear what sparked the encounter and whether any of the correctional officers involved are still working at the facility.

Hasan said that the family had learned that some guards had been suspended. The lawyer noted that information did not come from the police and CBC could not reach anyone there to confirm thatassertion.

Jail staff knew Faqiri had been diagnosed with schizophrenia in 2005 and that a judge had ordered a mental health assessment, his brother Yusuf Faqiri told CBC Toronto. Before his diagnosis, he had been studying at the University of Waterloo.

Yusuf Faqiri would not say what led to his brother being taken into custody last month.

Faqiri was charged with two counts of aggravated assault, one count of assault and another count of uttering threats of death and bodily harm.