CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
53
have paid for the rent and refurbishment of new premises and have also paid
for all equipment, staff salaries and transport costs, thereby enabling the
schools to continue operating and the children to continue learning in
Moldovan, albeit in far from ideal conditions (see paragraphs 49-53, 56 and
61-63 above).
148. In the light of the foregoing, the Court considers that the Republic
of Moldova has fulfilled its positive obligations in respect of these
applicants. It does not, therefore, find that there has been a violation of
Article 2 of Protocol No. 1 by the Republic of Moldova.
(b) The Russian Federation
149. The Court notes that there is no evidence of any direct participation
by Russian agents in the measures taken against the applicants. Nor is there
any evidence of Russian involvement in or approbation for the “MRT”‘s
language policy in general. Indeed, it was through efforts made by Russian
mediators, acting together with mediators from Ukraine and the OSCE, that
the “MRT” authorities permitted the schools to reopen as “foreign
institutions of private education” (see paragraphs 49, 56 and 66 above).
150. Nonetheless, the Court has established that Russia exercised
effective control over the “MRT” during the period in question. In the light
of this conclusion, and in accordance with the Court’s case-law, it is not
necessary to determine whether or not Russia exercised detailed control
over the policies and actions of the subordinate local administration (see
paragraph 106 above). By virtue of its continued military, economic and
political support for the “MRT”, which could not otherwise survive, Russia
incurs responsibility under the Convention for the violation of the
applicants’ rights to education. In conclusion, the Court holds that there has
been a violation of Article 2 of Protocol No. 1 to the Convention in respect
of the Russian Federation.
III. ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION
151. Article 8 of the Convention provides:
“1. Everyone has the right to respect for his private and family life, his home and
his correspondence.
2. There shall be no interference by a public authority with the exercise of this right
except such as is in accordance with the law and is necessary in a democratic society
in the interests of national security, public safety or the economic well-being of the
country, for the prevention of disorder or crime, for the protection of health or morals,
or for the protection of the rights and freedoms of others.”
152. The applicants submitted that the right to respect for private and
family life under Article 8 included a right to recognition of language as
part of ethnic or cultural identity. Language was an essential means of social
interaction and for the development of personal identity. This was