CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
7
scientific, technical, cultural and other fields, to be determined by mutual
agreement. The parties undertook to settle conflicts through negotiation,
with the assistance where necessary of the Russian Federation and Ukraine,
as guarantors of compliance with the agreements reached, and of the
Organisation for Security and Cooperation in Europe (OSCE) and the
Commonwealth of Independent States (CIS). The 1997 Memorandum was
countersigned by the representatives of the guarantor States, namely
Mr Yeltsin for the Russian Federation and Mr Leonid Kuchma for Ukraine,
and by Mr Helveg Petersen, the President of the OSCE.
25. In November 1999 the OSCE held its sixth summit at Istanbul.
During the summit, 54 Member States signed the Charter for European
Security and the Istanbul Summit Declaration and 30 Member States,
including Moldova and Russia, signed the Agreement on the Adaptation of
the Treaty on Conventional Armed Forces in Europe (“the adapted CFE
treaty”). The adapted CFE treaty set out, inter alia, the principle that foreign
troops should not be stationed in Moldovan territory without Moldovan
consent. Russia’s agreement to withdraw from Transdniestria (one of the
“Istanbul Commitments”) was set out in an Annex to the adapted CFE Final
Act. In addition, the Istanbul Summit Declaration, at paragraph 19, recorded
inter alia the commitment of the Russian Federation to withdraw its forces
from Transdniestria by the end of 2002:
“19. Recalling the decisions of the Budapest and Lisbon Summits and Oslo
Ministerial Meeting, we reiterate our expectation of an early, orderly and complete
withdrawal of Russian troops from Moldova. In this context, we welcome the recent
progress achieved in the removal and destruction of the Russian military equipment
stockpiled in the Trans-Dniestrian region of Moldova and the completion of the
destruction of nontransportable ammunition.
We welcome the commitment by the Russian Federation to complete withdrawal of
the Russian forces from the territory of Moldova by the end of 2002. We also
welcome the willingness of the Republic of Moldova and of the OSCE to facilitate
this process, within their respective abilities, by the agreed deadline.
We recall that an international assessment mission is ready to be dispatched without
delay to explore removal and destruction of Russian ammunition and armaments.
With the purpose of securing the process of withdrawal and destruction, we will
instruct the Permanent Council to consider the expansion of the mandate of the OSCE
Mission to Moldova in terms of ensuring transparency of this process and
co-ordination of financial and technical assistance offered to facilitate withdrawal and
destruction. Furthermore, we agree to consider the establishment of a fund for
voluntary international financial assistance to be administered by the OSCE.”
In 2002, during an OSCE Ministerial Conference in Lisbon, Russia was
granted a one-year extension for the removal of troops, up until the end of
December 2003.
26. Russia did not comply with the commitments given at the OSCE
Istanbul Summit and Lisbon Ministerial Conference to withdraw militarily