The story of the arrest of a young man with autism in a shopping center in Chile that reached the UN

2022-08-26 18:49:49 By : Mr. Fay Wang

A story has shaken Chile after it was learned of the arrest of a young man on the autism spectrum in a busy shopping center.The case had such an impact that it even escalated to the UN.The incident occurred on April 10 of this year when the 21-year-old entered the Mall Marina shopping center, located in the city of Viña del Mar, to go to a supermarket, and then followed a group of people who were leaving for a of the doors without knowing that it was only enabled for access due to the protocols that were implemented due to the pandemic.Upon leaving, according to the BioBioChile media outlet, the young man was harshly rebuked and insulted by one of the guards, whom the victim asked to moderate his language.Given the lack of results, the young man admitted spitting on the guard, which caused the guard to grab him by the neck and throw him to the ground.Moments later the young man lost his balance and more guards arrived to control him.After the episode, he was directed to a place “where there was something like barred cells,” and they left him there until the Carabineros de Chile arrived.Alone in that place, the young man called his parents to communicate what had happened.Alerted by this situation, the young man's father went to rescue his son.According to BioBioChile, the place where his son was taken was "a kind of dungeon, without chairs or somewhere to sit, where there were traces of blood and excrement."Upon arriving at the shopping center, the guards of the compound would not have given him any information.He went looking for him until he got to the fourth floor where he knocked on a door."Dad, I heard you knock," the son told his father over the phone, and when someone refused to open the door, the man knocked down the door with a kick, surprising the guards who were there.Inside this place, the father noticed two “cells” and in one of them was his son with the supermarket bags.Outraged by the situation, he forced the door open to let his son out.However, a guard pushed the young man with autism, causing the father to lose control, starting a struggle with the guards.The situation continued with the father and son inside the cell waiting for Police, who arrived six hours after the start of the case.Once they were present at the scene, the father was able to hear part of the dialogue in which the police informed the prosecutor on duty that the young man was within the autistic spectrum.However, father and son were taken to a police station.The mother found them and brought medication that her son required with "anticonvulsants and mood stabilizers."Father and son spent the night in the police station cell, and had to face the Justice the next morning for simple damages and minor injuries in the case of the father, and the young man for the crime of minor injuries.Although the public defender requested to declare the detention illegal, the judge rejected the request and to this day they continue to be investigated.One of the guards is also being investigated.After this instance, father and son were left with precautionary measures prohibiting them from approaching the victims.According to BioBioChile, the case has had harsh consequences for the young man, who has suffered from "decompensation, panic attacks and sleep disturbances."In addition, what happened to him would have generated a setback "in his treatment and in his autonomy to walk alone on the street."The shopping center filed a complaint for the demolition of the door, which was valued at $193,750 (USD 211).The young man “acknowledges that he was wrong, that it was a mistake to have gone out through that door and that he should not have spit on the guard.He knows that he cannot go unpunished, he has to have respect for the authorities, I explained that to him and he understood it, ”said the father.The case reached the Human Rights lawyer Karinna Fernández, who filed a complaint with the prosecutor on duty, Pablo Bravo, who ordered the arrest of the young man despite his condition.But the regional prosecutor of Valparaíso, Claudia Perivancich, ignored the appeal, stating that "her prosecutors did not know of the condition" of the young man.Fernández even went to the national prosecutor Jorge Abbott, who refused to initiate an administrative investigation.For this reason, Fernández filed an appeal with the Working Group on Arbitrary Detention, which depends on the Office of the United Nations High Commissioner for Human Rights because, in his opinion, "he should not have ordered the detention", much less when Carabineros would have reported that the young man has autism.From the Chilean prosecutor's office they defended themselves by stating that the young man was arrested for assaulting the guard and that "in the case of an imputable person, there were no legal reasons to annul the arrest already carried out, without prejudice to the obligation that weighed on Carabineros de Chile to take all necessary protective measures to avoid any type of self-injury or attack on their physical integrity, measures that we understand were adopted since there were no allegations in this regard at the hearing.”