52
CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
the world, using teaching materials produced in Soviet times or,
alternatively, subjecting their children to long journeys and/or substandard
facilities, harassment and intimidation.
144. There is no evidence before the Court to suggest that the measures
taken by the “MRT” authorities in respect of these schools pursued a
legitimate aim. Indeed, it appears that the “MRT”‘s language policy, as
applied to these schools, was intended to enforce the Russification of the
language and culture of the Moldovan community living in Transdniestria,
in accordance with the “MRT”‘s overall political objectives of uniting with
Russia and separating from Moldova. Given the fundamental importance of
primary and secondary education for each child’s personal development and
future success, it was impermissible to interrupt these children’s schooling
and force them and their parents to make such difficult choices with the sole
purpose of entrenching the separatist ideology.
3. The responsibility of the Respondent States
(a) The Republic of Moldova
145. The Court must next determine whether the Republic of Moldova
has fulfilled its obligation to take appropriate and sufficient measures to
secure the applicants’ rights under Article 2 of Protocol No. 1 (see
paragraph 110 above). In the Ilaşcu judgment (cited above, §§ 339-340) the
Court held that Moldova’s positive obligations related both to the measures
needed to re-establish its control over the Transdniestrian territory, as an
expression of its jurisdiction, and to measures to ensure respect for the
individual applicants’ rights. The obligation to re-establish control over
Transdniestria required Moldova, first, to refrain from supporting the
separatist regime and, secondly, to act by taking all the political, judicial
and other measures at its disposal for re-establishing control over that
territory.
146. As regards the fulfilment of these positive obligations, the Court in
Ilaşcu further found that from the onset of hostilities in 1991-92 until the
date of the judgment, in July 2004, Moldova had taken all measures in its
power to re-establish control over the Transdniestrian territory (cited above,
§§ 341 to 345). There is no evidence before the Court to suggest that it
should reach any different conclusion in the present case.
147. In the Ilaşcu judgment the Court found that Moldova had failed
fully to comply with its positive obligation to the extent that it had failed to
take all the measures available to it in the course of negotiations with the
“MRT” and Russian authorities to bring about the end of the violation of the
applicants’ rights (cited above, §§ 348-352). In the present case, in contrast,
the Court considers that the Moldovan Government have made considerable
efforts to support the applicants. In particular, following the requisitioning
of the schools’ former buildings by the “MRT”, the Moldovan Government