Saturday, August 14, 2021

Soleiman Faqiri: Ontario: RIP: Part Two: (Death in solitary while awaiting mental health assessment): Toronto Star wants those responsible for Soleiman Faqiri's death to be brought to account...


PASSAGE OF THE DAY: "In a landmark 2013 settlement, Ontario acknowledged the terrible harm caused by solitary confinement — 22 hours or more a day in a six-by-nine-foot cell. It committed to banning solitary for inmates with mental illnesses, except as a rare last resort, and imposing a 15-day limit for everyone else. But the province has not lived up to those basic and necessary obligations. Solitary confinement is still vastly overused to put troubled inmates out of sight and out of mind, or as a way to maintain security in the face of understaffing or lack of mental health care inside prisons. Ontario’s highest court has said solitary is an outrage to “standards of decency and amounts to cruel and unusual treatment.” It cannot be a fix-all for the challenges of running a prison. Faqiri was held in solitary for days as his schizophrenia symptoms were clearly getting worse. He needed help, but that’s not what he got from his guards or the Lindsay jail."


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EDITORIAL: “Ontario must hold those responsible for Soleiman Faqiri’s death to account,” published  by The Toronto Star on August 11, 2021.


GIST: "Soleiman Faqiri struggled with schizophrenia for 11 years. A 10-minute struggle with Ontario jail guards killed him.


Five years after his death, Ontario’s chief pathologist Dr. Michael Pollanen has finally made that clear: his death was caused by guards at the Central East Correctional Centre in Lindsay.


“The impaired respiratory function would be significant in the extreme conditions to which Soleiman Faqiri was exposed,” Pollanen wrote in his report, publicly released this week.


And just what were those extreme conditions?

He was repeatedly hit and kicked by guards at the Lindsay jail.



He was pepper-sprayed, twice.

He was pinned face down on the floor with a spit hood on.


His legs were shackled. His arms handcuffed behind his back.


Those details have been known for years. But someone has finally put the pieces together and concluded that his treatment at the hands of guards led to his brain being starved of oxygen, a fatal abnormal heartbeat, or both.


His death was not, as the first coroner’s report concluded, from “unascertained” causes.


Faqiri’s family has fought for years to get to this point. But now what?


Based on the report’s conclusion, the coroner’s office has turned the case over to the Ontario Provincial Police to investigate.


This is the third time a police investigation has been ordered into this man’s death. This one had better be comprehensive.


Correctional officers hold incredible power over citizens when they are at their most vulnerable. If they don’t maintain the highest standards, including following use-of-force rules, they should be held accountable.


Faqiri’s family wants to see criminal charges laid and that’s understandable. But even if that were to happen, and despite this new report it still may not be, that can’t be the end of this incident.


On their own, criminal charges won’t be enough to stop something similar from happening again.


Solitary confinement — where Faqiri was being held while waiting for a mental health assessment — is no place for anyone suffering from a mental illness. It cruelly exacerbates their symptoms.


We know that. Everyone involved in correctional services and in government knows that. It’s impossible not to know given how many coroner’s inquests, reports and reviews have explained it, often in heartbreaking detail after a tragic death, like Faqiri’s, has occurred.


And yet it keeps happening.


In a landmark 2013 settlement, Ontario acknowledged the terrible harm caused by solitary confinement — 22 hours or more a day in a six-by-nine-foot cell. It committed to banning solitary for inmates with mental illnesses, except as a rare last resort, and imposing a 15-day limit for everyone else.


But the province has not lived up to those basic and necessary obligations.


Solitary confinement is still vastly overused to put troubled inmates out of sight and out of mind, or as a way to maintain security in the face of understaffing or lack of mental health care inside prisons.


Ontario’s highest court has said solitary is an outrage to “standards of decency and amounts to cruel and unusual treatment.”


It cannot be a fix-all for the challenges of running a prison.


Faqiri was held in solitary for days as his schizophrenia symptoms were clearly getting worse. He needed help, but that’s not what he got from his guards or the Lindsay jail.


As Faqiri’s brother Yusuf said, the chief pathologist’s decision to review his case marks “the first time any government institution had any interest in finding out what really happened to my late brother.”


The family forced this to happen through their unwillingness to give up in the face of bureaucratic and government indifference.


They can’t do more than they have. But the OPP, correctional services and provincial authorities can — and must.

The entire story can be read at:  https://www.thestar.com/opinion/editorials/2021/08/11/ontario-must-hold-those-responsible-for-soleiman-faqiris-death-to-account.html

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;
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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they’ve exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;