On May 30, the situation was directly studied by the regional representative of the Ombudsman of the Fergana region A. Kamilov. The regional representative went to pre-trial detention center No. 10 in the city of Ferghana and personally met with S. Kamchiev. At that moment, according to the statement of M. Kamchiyeva, the Fergana city prosecutor's office was conducting a pre-investigation check, and it was stated that, based on the result of this check, a final response of the Ombudsman on this situation would be formed and announced.

Based on the results of the pre-investigation check on this fact, on June 4, 2022, a decision was made to refuse to initiate a criminal case in accordance with paragraph 2 of Article 83 of the Code of Criminal Procedure of the Republic of Uzbekistan.

After that, on June 14, M. Kamchieva appealed to the Authorized Person for Human Rights about the use of torture on May 24 of this year against her son S. Kamchiev, who is being held in No. 10 in Fergana.

On the basis of the letter sent by Ombudsman, the prosecutor's office of the Fergana region studied the documents and conducted a pre-investigation check. After communicating with all the persons indicated in the petition, it became known that on May 24, 2022, the  pre-trial detention center employees entered the cell where S. Kamchiev and the persons indicated in the petition were kept for a morning inspection. Due to the fact that the beds were not cleaned and the cell was not kept clean, the officers lined up the detainees in the corridor outside the cell and explained that they must comply with the internal regulations. At this time, Kamchiev S. snapped at the employees and behaved rudely. Therefore, the officers took him away to talk to him, and the rest of the prisoners were put in a cell. After 5-10 minutes Kamchiev S. was returned to the cell. At that time, there were no injuries on his face or in other places. After some time, Kamchiev S. got up from the cell and insulted the prison staff, saying: “I'll show you”, hit his head on the wall of the cell and hit his hands on the bed.

According to the above, it was established that there was no corpus delicti in the actions of the detention center employees, and a decision was made to refuse to initiate a criminal case.

It should be noted that S. Kamchiev was previously convicted of committing a crime under part 2 of article 169 (theft) of the Criminal Code of the Republic of Uzbekistan, and was sentenced to 4 years in prison, and on the basis of the decision of the Pskent District Court for Criminal Cases dated May 12, 2021 the remaining 2 years 9 months 16 days of punishment were replaced by corrective labor. However, S. Kamchiev, without coming to a proper conclusion, re-committed the crime, and was found guilty of committing a crime under Part 2 of Art. 166 of the Criminal Code of the Republic of Uzbekistan, and by the decision of the Yezvonsky District Court for Criminal Cases dated August 28, 2021, he was sent to a pre-trial detention center as a preventive measure.

During the period of detention, on January 28 and March 21, 2022, he also caused bodily harm to himself. On this fact, an appropriate check was carried out and a disciplinary sanction "Warning" was applied to him.

It is known that S. Kamchiev, during his detention in the detention center since April 20 of this year, received 14 parcels, packages, met with close relatives 8 times.

According to the results of the study and to the information sent by the prosecutor's office to the Ombudsman, the facts of torture cited in M. Kamchieva's appeal were not confirmed.

Press Service of the Authorized Person of the Oliy Majlis for Human Rights (Ombudsman)