CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
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unlawful military action, a Contracting State exercises effective control of
an area outside that national territory. The obligation to secure, in such an
area, the rights and freedoms set out in the Convention, derives from the
fact of such control, whether it be exercised directly, through the
Contracting State’s own armed forces, or through a subordinate local
administration (Loizidou v. Turkey (preliminary objections), 23 March 1995,
§ 62, Series A no. 310; Cyprus v. Turkey [GC], no. 25781/94, § 76, ECHR
2001-IV, Banković, cited above, § 70; Ilaşcu, cited above, §§ 314-316;
Loizidou (merits), cited above, § 52; Al-Skeini, cited above, § 138). Where
the fact of such domination over the territory is established, it is not
necessary to determine whether the Contracting State exercises detailed
control over the policies and actions of the subordinate local administration.
The fact that the local administration survives as a result of the Contracting
State’s military and other support entails that State’s responsibility for its
policies and actions. The controlling State has the responsibility under
Article 1 to secure, within the area under its control, the entire range of
substantive rights set out in the Convention and those additional Protocols
which it has ratified. It will be liable for any violations of those rights
(Cyprus v. Turkey, cited above, §§ 76-77; Al-Skeini, cited above, § 138).
107. It is a question of fact whether a Contracting State exercises
effective control over an area outside its own territory. In determining
whether effective control exists, the Court will primarily have reference to
the strength of the State’s military presence in the area (see Loizidou
(merits), cited above, §§ 16 and 56; Ilaşcu, cited above, § 387). Other
indicators may also be relevant, such as the extent to which its military,
economic and political support for the local subordinate administration
provides it with influence and control over the region (see Ilaşcu, cited
above, §§ 388-394; Al-Skeini, cited above, § 139).
2. Application of these principles to the facts of the case
108. It is convenient at this point to recall the central facts of the case.
The applicants are children and parents from the Moldovan community in
Transdniestria who complain about the effects on their and their children’s
education and family lives brought about by the language policy of the
separatist authorities. The core of their complaints relate to actions taken by
the “MRT” authorities in 2002 and 2004, to enforce decisions adopted some
years previously, forbidding the use of the Latin alphabet in schools and
requiring all schools to register and start using an “MRT”-approved
curriculum and the Cyrillic script. Thus, on 22 August 2002 “MRT” police
forcibly evicted the pupils and teachers from the Ştefan cel Mare School in
Grigoriopol. The school was not allowed to reopen in the same building and
subsequently transferred to premises some 20 kilometres away, in
Moldovan-controlled territory. The children and staff were evicted from the
Evrica School in Rîbniţa in July 2004. The same month, the Alexandru cel