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CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
composed of five Russian battalions, three Moldovan battalions and two
Transdniestrian battalions under the orders of a joint military command
structure which was itself subordinate to the JCC. Under Article 3 of the
agreement, the town of Tighina was declared a region subject to a security
regime and its administration was put in the hands of “local organs of
self-government, if necessary acting together with the control commission”.
The JCC was given the task of maintaining order in Tighina, together with
the police. Article 4 required Russian troops stationed in the territory of the
Republic of Moldova, to remain strictly neutral. Article 5 prohibited
sanctions or blockades and laid down the objective of removing all
obstacles to the free movement of goods, services and persons. The
measures provided for in the agreement were defined as “a very important
part of the settlement of the conflict by political means” (Article 7).
22. On 29 July 1994 Moldova adopted a new Constitution. It provided,
inter alia, that Moldova was neutral, that it prohibited the stationing in its
territory of troops belonging to other States and that a form of autonomy
might be granted to regions which included some areas on the left bank of
the Dniester. According to Article 13 of the Constitution, the national
language was Moldovan, to be written using the Latin alphabet.
23. On a number of occasions from 1995 onwards the Moldovan
authorities complained that ROG army personnel and the Russian
contingent of the JCC’s peace-keeping force had infringed the principle of
neutrality set out in the ceasefire agreement and that, inter alia,
Transdniestrians had been able to acquire further military equipment and
assistance from the ROG. These allegations were firmly denied by the
Russian authorities. In addition, the Moldovan delegation to the JCC alleged
that the Transdniestrians had created new military posts and customs
checkpoints within the security zone, in breach of the ceasefire agreement.
In the Ilaşcu judgment the Court found it established, by the evidence
contained in the JCC’s official documents, that in various areas of
Transdniestria under the control of the Russian peacekeeping forces, such as
Tighina, the Transdniestrian separatist forces were breaching the ceasefire
agreement.
24. On 8 May 1997 in Moscow, Mr Petru Lucinschi, the President of
Moldova, and Mr Smirnov, the “President of the MRT”, signed a
memorandum laying down the basis for the normalisation of relations
between the Republic of Moldova and Transdniestria (“the 1997
Memorandum”). Under the terms of the 1997 Memorandum, decisions
concerning Transdniestria had to be agreed by both sides, powers had to be
shared and delegated and guarantees had to be secured reciprocally.
Transdniestria had to be allowed to participate in the conduct of the foreign
policy of the Republic of Moldova on questions concerning its own interests
to be defined by mutual agreement. Transdniestria would have the right
unilaterally to establish and maintain international contacts in economic,