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CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
support, the Transdniestrian leader, Igor Smirnov, has little incentive to compromise
in his drive toward independence. The internationally-mediated negotiations between
the two parties are going nowhere, despite the presence since 2005 of the EU and U.S.
as observers. Although some understanding had been reached about the level of
autonomy in a settlement, Moldova has hardened its position to match
Transdniestria’s intransigence.”
73. In its report entitled “Freedom in the World 2009”, Freedom House
commented, inter alia:
“Moldova rejected a Russian-backed federalization plan in November 2003 after it
drew public protests. The latest round of formal multilateral talks collapsed in early
2006, and Transnistrian referendum voters in September 2006 overwhelmingly
backed a course of independence with the goal of eventually joining Russia, although
the legitimacy of the vote was not recognized by Moldova or the international
community.
In the absence of active 5+2 negotiations, Voronin pursued bilateral talks with
Russia and took a number of steps to bring Moldova’s foreign policy into line with the
Kremlin’s. For much of 2008, he urged Russia to accept a proposal whereby
Transnistria would receive substantial autonomy within Moldova, a strong and unitary
presence in the Moldovan Parliament, and the right to secede if Moldova were to unite
with Romania in the future. Russian property rights would be respected, and Russian
troops would be replaced by civilian observers. Voronin defended his separate
‘consultations’ with Russia by saying that any settlement would be finalized in the
5+2 format.
The Transnistria issue took on an added degree of urgency in August 2008, after
Russia fought a brief conflict with Georgia and recognized the independence of two
breakaway regions there. Russian officials said they had no plans to recognize the
PMR [‘MRT’], but warned Moldova not to adopt Georgia’s confrontational stance.
The Moldovan government in turn rejected any comparison and repeated its
commitment to peaceful negotiations. Some experts expressed concerns that Russia
could impose a harsh settlement on Moldova in the bilateral talks and then recognize
the PMR if the plan were rejected.
Transnistrian president Igor Smirnov’s relations with Voronin remained tense
throughout the year, as the Moldovan leader effectively negotiated over Smirnov’s
head and expressed clear frustration with the PMR leadership. The two men met in
April for the first time since 2001, then again in December. Days after the April
meeting, Romanian president Traian Basescu indirectly raised the prospect of a
partition in which Ukraine would absorb Transnistria and Romania would annex
Moldova proper, prompting Voronin to accuse him of sabotaging the negotiations.
Meanwhile, Russian president Dmitri Medvedev met with Voronin and Smirnov
separately during the year ...
Political Rights and Civil Liberties
Residents of Transnistria cannot elect their leaders democratically, and they are
unable to participate freely in Moldovan elections...
Corruption and organized crime are serious problems in Transnistria ...