60
CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT –
SEPARATE OPINIONS
6. In the instant case one cannot disregard the repercussions, on both the
private and the family lives of the applicants, of the intimidation and
harassment to which the pupils and their parents were subjected. It is clear
from the case file that the authorities in the “Moldavian Republic of
Transdniestria” created a climate of intimidation such that it had a “chilling
effect” on the pupils, not just when it came to, say, using textbooks written
in Latin script but also, more broadly, when it came to using their language
within and outside school.
7. On 29 July 2004, for instance, the Transdniestrian police stormed
Evrica School in Rîbniţa and evicted the women and children who were
inside it. Over the following days police and officials from the Rîbniţa
Department of Education visited parents and threatened them with the loss
of their jobs if they did not transfer their children to another school (see
paragraph 48 of the judgment). In our view, these actions were
disproportionate and amounted to threats against the families not just in
school but also at home.
8. There was also a series of other incidents intended purely to harass,
such as the cutting of water and electricity supplies to Alexandru cel Bun
School in Tighina (see paragraph 55), the failure to protect Evrica School in
Rîbniţa against a systematic campaign of vandalism (see paragraph 51) and
the transfer of Ştefan cel Mare School (Grigoriopol) to a village about
twenty kilometres away which was under Moldovan control and to which
the children had to travel by bus, being subjected to daily bag searches and
identity checks at the border, sometimes accompanied by insults.
9. With more specific reference to the issue of checks and searches, the
Court’s judgment in Gillan and Quinton v. the United Kingdom
(ECHR 2010) demonstrates very clearly, albeit in a different context, the
dangers of arbitrariness in this sphere and the absolute necessity of putting
safeguards in place (see §§ 85 and 86 of the judgment in question).
10. Hence, it seems clear to us that this atmosphere of intimidation
affected the day-to-day lives of the families, who lived in a permanently
hostile environment.
11. These are the reasons why we believe that there has been a violation
of Article 8 of the Convention in the present case.
12. Furthermore, all these measures were applied systematically against
the Moldovan population which uses the Latin alphabet; this leads us to the
question of Article 14 of the Convention.
Article 14
13. The applicants complained that they had been subjected to
discrimination based on their language. More specifically, they maintained
that the requirement to study in a language which they considered artificial
caused them disadvantages in their private and family lives, and particularly