HOVHANNISYAN v. ARMENIA JUDGMENT
5
A.K., who had gone to the latter’s office, had tried to calm the applicant
down, as she had been insulting H.A. During the incident A.K. had caught
hold of her hand and taken the document that she had taken from H.A.
Intentional infliction of bodily harm was punishable under Article 118 of
the Criminal Code, but negligent infliction of bodily harm was not
punishable. In the case at hand the applicant’s injuries had been caused by
H.A. and A.K.’s negligence; it had not been established that they had
intentionally caused her injuries.
23. On 13 March 2012 the applicant lodged a complaint with the
prosecutor against the investigator’s decision. She argued, inter alia, that
contrary to what was stated in the decision she had described in detail how
she had been treated. In particular, she had submitted that first H.A. had
grabbed her hands using force, harassed her and locked her in his office so
that she could not leave. Thereafter A.K. had come in and also assaulted
her. The applicant complained that the conclusion in the investigator’s
decision, according to which H.A. and A.K. had caused her injuries by
negligence, could not be substantiated and pursued the purpose of
exonerating public officials from responsibility. She further complained
that, as a result of deliberate violence on the part of H.A. and A.K., she had
experienced severe emotional suffering as a woman since her superior had
debased her and caused her serious bodily harm without good reason, right
in the workplace. In addition, the applicant stated that the incident had taken
place in the workplace and naturally all the witnesses questioned by the
investigator were the subordinates of H.A. and A.K. If criminal proceedings
were instituted, they would be questioned as witnesses and warned about
criminal liability for making false statements.
24. H.A. also lodged a complaint against the investigator’s decision,
claiming that it had not been established that he or A.K. had ever hit the
applicant.
25. On 15 March 2012 the prosecutor dismissed the applicant’s
complaint and allowed H.A.’s complaint. In particular, the prosecutor
upheld the investigator’s refusal to institute criminal proceedings but
changed the grounds for it, stating that no crime had been committed
involving H.A. and A.K. The decision stated that no evidence had been
obtained that would establish that H.A. and A.K. had inflicted injuries on
the applicant, except her own unspecified and contradictory statements. As
regards the applicant, the decision stated, inter alia, that because the stress
she had suffered as a result of the incident in H.A.’s office she had
perceived and described what had happened in a subjective manner. In these
circumstances, her contradictory statements did not correspond to the
evidence gathered but that did not create grounds for prosecuting her for
false accusations.