HOVHANNISYAN v. ARMENIA JUDGMENT
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independent and effective investigation conducted in the case, capable of
leading to the establishment of the facts and, if the allegations proved to be
true, to the identification and possible punishment of those responsible.
However, in the present case, no investigation was ever launched, nor was
any internal investigation conducted within the Ministry. During the
inquiry, the domestic authorities did not make any serious attempts to find
out what had happened. No steps were taken, for example, to take evidence
from the applicant’s colleagues under oath in order to avoid any possible
problems created by the fact that they were subordinates of the alleged
perpetrators. It was not established how the applicant’s injuries were
inflicted, in which circumstances and whether they were related to the
impugned incident. Furthermore, no efforts were made to clarify certain
contradictions in H.A.’s statements (see paragraphs 12 and 18 above) or to
investigate whether his statements were accurate. Nor were any steps taken
by the head of staff of the Ministry (see paragraph 8 above) or other
administrative authorities prior to 14 January 2012 when the applicant
reported the matter to the police.
59. Having regard to the above-mentioned deficiencies, the Court
concludes that the State authorities failed to conduct a proper investigation
into the applicant’s allegations of ill-treatment. Thus, there has been a
violation of Article 3 of the Convention under its procedural head.
(ii) Substantive aspect of Article 3 of the Convention
60. Owing to the lack of an effective investigation, the evidence before
the Court does not enable it to find beyond all reasonable doubt that the
applicant was subjected to treatment contrary to Article 3. The Court
therefore considers that there is insufficient evidence for it to conclude that
there has been a violation of Article 3 of the Convention under its
substantive head.
II. APPLICATION OF ARTICLE 41 OF THE CONVENTION
61. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”
A. Damage
62. The applicant claimed 7,000 euros (EUR) in respect of nonpecuniary damage.
63. The Government considered the claim excessive and
unsubstantiated. The applicant had failed to show a causal link with the
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