HOVHANNISYAN v. ARMENIA JUDGMENT
3
9. After the incident, the applicant felt unwell and underwent a medical
examination. She was diagnosed with acute bronchitis and
Wolff-Parkinson-White syndrome (a heart rhythm disorder) and was put on
sick leave from 13 to 27 January 2012.
B. Investigation by the police
10. On 14 January 2012 the applicant reported the incident to the police,
stating that on 10 January 2012 she and H.A., her head of division, had had
an argument during which he had been violent and caused her bodily harm.
She made a statement giving an account of events similar to that in her
report to the head of staff of the Ministry.
11. The investigator ordered a forensic medical examination the same
day to determine whether the applicant had any bodily injuries and, if so,
their nature, origin, seriousness and the time and manner of their infliction.
12. On 15 January 2012 H.A. gave a statement to the police. In
particular, he stated that the applicant had refused to return her appraisal
report to him, after which he had left his office, closed the door and called
A.K., asking him to come to see him with the other employees. During that
time the applicant had kept shouting and swearing. She had called their
superior to say that he had locked her in. He denied harassing the applicant
either physically or verbally and said that she had used foul language.
13. On the same day A.K. made a statement and similarly denied using
violence against the applicant. Between 16 and 25 January 2012 a number
of the applicant’s colleagues who were at work on the day of the incident
were questioned and denied that H.A. and A.K. had been violent towards
the applicant.
14. On 18 January 2012 the forensic medical examination was
completed. The relevant parts of the expert’s opinion read as follows:
“Complaints: At present [the applicant] complains of a nervous breakdown.
Results of personal examination: An irregularly shaped, non-homogenous,
greenish-yellow ecchymosis measuring 6 x 2 cm is present on the mid-third of the
inner right upper arm. Two similar round-shaped ecchymoses are present on the inner
surface of the same area measuring 1 cm in diameter: on the mid-third of the inner left
upper arm measuring 1 cm in diameter; on the lower third of the inner left upper arm
measuring 2 x 1 cm and 1.5 x 1.2 cm and on the mid-third of the outer left forearm
measuring 2.5 x 1.5 cm.
Conclusion: [The applicant’s] bodily injuries in the form of ecchymoses [around]
the right and left upper arms and the left forearm have been inflicted with blunt, hard
objects possibly in the period mentioned; [the injuries] taken separately as well as all
together do not contain elements of [short-term] damage to health.”
15. On 24 January 2012 the investigator took an additional statement
from the applicant. She stated that she had no objections to the opinion of
the forensic medical expert and intended to pursue her complaint.