6
HOVHANNISYAN v. ARMENIA JUDGMENT
C. Court proceedings
26. On 4 April 2012 the applicant lodged a complaint with the Kentron
and Nork-Marash District Court (hereinafter “the District Court”),
requesting that criminal proceedings be instituted. She reiterated her
previous arguments and complained, in particular, that the question of her
injuries had not been addressed at all in the prosecutor’s decision, which
had ignored the results of the forensic medical examination. In the end, it
had never been established who had inflicted her injuries. The applicant
further complained that the prosecution had relied on the statements of
subordinates of those who had committed the offence in question. Their
statements could not be considered objective and reliable in view of the
serious fear of those concerned losing their jobs. If criminal proceedings
were instituted, they would have the procedural status of witnesses and
would be warned about criminal liability for making false statements.
27. On 18 May 2012 the District Court dismissed the applicant’s
complaint. In doing so, it found that the disputed decision had been lawful,
while the applicant’s arguments stemmed from an individual and subjective
interpretation of the events in question and the procedural measures
undertaken in relation to them.
28. The applicant lodged an appeal against the District Court’s decision.
She argued, inter alia, that it had failed to examine her arguments. In
particular, the issue of the existence of a number of injuries on her body as
established by the forensic medical examination had not been addressed at
all.
29. On 12 July 2012 the Criminal Court of Appeal dismissed the
applicant’s appeal and fully upheld the District Court’s decision. In doing
so, it stated that the applicant had made unclear and contradictory
statements about the circumstances of the incident which had not been
corroborated by other evidence, namely the statements of H.A., A.K. and
others questioned in relation to the incident.
30. On 2 August 2012 the applicant lodged an appeal on points of law.
She argued that the decisions of the District Court and the Criminal Court of
Appeal had failed to explain the existence of injuries on her body or the fact
that H.A. had locked her in his office. She also reiterated her arguments in
relation to the refusal to institute criminal proceedings and the unreliability
of the statements made by her colleagues.
31. On 6 September 2012 the Court of Cassation declared the applicant’s
appeal on points of law inadmissible for lack of merit.