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HOVHANNISYAN v. ARMENIA JUDGMENT
C. Civil Service Act (adopted on 4 December 2001)
38. According to section 32 of the Act,
“1. In the event of ... abuse of authority, breach of internal disciplinary rules ... the
following disciplinary penalties may be applied in respect of a civil servant:
a) warning;
b) reprimand;
c) strict reprimand;
d) salary reduction ... ;
e) dismissal ... ;
f) lowering of civil service higher rank ...
2. Prior to the application of a disciplinary penalty, the competent official shall
require the civil servant who has committed the disciplinary breach to provide a
written explanation.
...
4. In cases and procedure provided by the Civil Service Council, the disciplinary
penalties set out in the first paragraph of this section are applied after an internal
investigation has been conducted.
...”
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION
39. The applicant complained under Article 3 of the Convention that she
had been deliberately ill-treated in the workplace by her superiors, who
were public servants, and that the authorities had failed to carry out an
effective investigation into the matter.
40. Article 3 of the Convention reads as follows:
“No one shall be subjected to torture or to inhuman or degrading treatment or
punishment.”
41. The Government contested that argument.
A. Admissibility
42. The Court notes that the application is not manifestly ill-founded
within the meaning of Article 35 § 3 (a) of the Convention. It further notes
that it is not inadmissible on any other grounds. It must therefore be
declared admissible.