4
HOVHANNISYAN v. ARMENIA JUDGMENT
16. On 25 January 2012 the investigator took another additional
statement from the applicant. The relevant parts read as follows:
“Question: In the course of collecting evidence H.A. and A.K. said that they did not
hit you and did absolutely not grab your hands. What can you say about this?
Answer: ... I do not know why H.A. and A.K. said that but it is logical that they
would deny committing such acts. I will reiterate once again that H.A. and A.K.
pulled and pushed me and grabbed my hands thus causing me injuries.”
17. On 27 January 2012 the investigator took a further additional
statement from the applicant. She stated:
“I inform you that since the time I [went] to the police ... [H.A.] and [A.K.] have not
even apologised; moreover, they have created such an atmosphere that it is impossible
to work, since other employees ignore me and avoid contact with me for fear of losing
their jobs. Since H.A. and A.K. are continuing this kind of behaviour, abusing their
official capacity, in the circumstances I am unable to reconcile with them. I am
complaining and requesting that H.A. and A.K. be prosecuted. I also wish to add that
because of their actions I have had health problems and as a result have been on sick
leave from 13 to 27 January ...”
18. On 28 January 2012 H.A. was questioned again and stated, inter
alia, that the applicant had made a false statement. He had never harassed
her or grabbed her hands and had remained seated in his chair until she had
left. As for the injuries discovered on the applicant’s body, H.A. stated that
he had never touched her and did not know how they had been inflicted.
19. It appears that no decision was taken by the investigator for about a
month.
20. On 24 February 2012 the applicant sent a written request to the head
of the Marash Division of the Central Police Department for criminal
proceedings to be brought against H.A. and A.K. She stated in her request,
inter alia, that she had been informed of the provisions of Article 183 of the
Code of Criminal Procedure, under which criminal proceedings could only
be instituted on the basis of a complaint by her. She further stated that she
had not reconciled with H.A. and A.K. and was calling for them to be
prosecuted. On the same date the investigator took an additional statement
from the applicant. A further additional statement was taken from her on
27 February 2012.
21. On 1 March 2012 the prosecutor instructed the investigator to refuse
to bring criminal proceedings against H.A. and A.K. on the grounds that no
crime had been committed. It was suggested that the applicant had
perceived the events subjectively and that her supervisors had never used
violence against her.
22. On 5 March 2012 the investigator refused to bring criminal
proceedings against H.A. and A.K. for lack of corpus delicti in their actions.
The decision stated, in particular, that the applicant had made unclear and
contradictory statements with regard to the incident. It further stated that the
evidence collected had revealed that on 10 January 2012 first H.A. and then