An Edinburgh man Gabriels Ochnolichs has spoken of his anger after claiming police restrained him while taking out bins during a mental health check.
The 21-year-old Gabriels Ochnolichs claimed that two police officers showed up on his landing while he was removing trash from his Muirhouse apartment in Birnies Court.
He claimed that when his social worker was unfit to get in touch with him, she raised enterprises for his good, begging the police to be communicated . Still, Gabriel’s indicted the officers of employing inordinate force, and the hassle fleetly came heated. His mama appears to have captured footage of a bobby
seizing him by the neck.
The young man, who’s shown lying on the ground with leg conditions in place, appears to be girdled and restrained by about eight officers in another camera footage.
The incident happened at roughly 4:20 p.m. on Thursday, January 8. Gabriels has also formally complained to Police Scotland.
“I was detained by Police Scotland under mental health powers but it was a misunderstanding,”
he said, as reported by EdinburghLive.
“My phone was dead and so my social worker could not get in touch with me and became concerned.
My mum was able to speak to them to let them know I was ok but they had already phoned the police. They came to my landing while I was taking the bin out.
There were two police officers and without explanation they grabbed me. I kept asking why they were grabbing me and I was not resisting.
They then restrained me, with an officer applying force to my neck, making it hard for me to breathe. I became distressed and shouted, asking why I was being choked and why this was happening, I began to struggle as they were hurting me.
My mum and girlfriend watched it happen, they never told me it was a welfare check. They called for back up when I was on the ground and in handcuffs.
They put restraints on my legs and there were a lot of officers on me. My mum started filming the incident and later was asked by police to delete or not share her footage to anyone or social media.
My mother’s video shows officers restraining me, including contact around my neck. I am sharing this to raise concerns about the use of unnecessary force by police.”
After being led to a police van at the base of his block, Gabriels said the shackles were taken off. He stated he confronted the cops about their use of force during the encounter after they informed him they were conducting a welfare check.
His 40-year-old mother, Marie Olehnovica, who was present when the incident occurred along with Gabriels’ girlfriend, claimed to be quite disturbed.
“It was very horrible for a mum to see,”
Marie said.
“The police man was very aggressive, I kept asking why they were arresting my son and grabbing him by the neck.
I am very shocked. My heart is not good, it gave me a massive panic. I cannot sleep at night having watched what they did to my son.”
A Police Scotland spokesperson said:
“A complaint has been received by Police Scotland’s Professional Standards Department and is currently under assessment.”
What does mental health legislation allow police to do in Scotland?
Under Scotland’s Mental Health (Care and Treatment)( Scotland) Act 2003, Section 297 subconvenes police officers powers to remove individualities from public places to a place of safety if they nicely suspect an internal complaint exists and immediate care or treatment is demanded for the person’s weal or others’ protection.
Officers may detain for over to 24 hours( extendable to 36 hours) at a sanitarium, watch home, or police station for doctor and Mental Health Officer assessment no leave needed in public spaces.
Section 297 excludes private homes like Birnies Court; entry requires leave (Section 135 originally absent) or concurrence. Ochnolichs’ case passed curbside supposed public despite domestic propinquity driving weal check after social worker enterprises over his unobtainable phone amid known internal health history.
