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CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
42. At the first sight, the plan should be followed closely by the Council of Europe,
as the leading organisation in the field of democracy, human rights and rule of law.
The Committee has therefore entrusted us with the responsibility of visiting Kiev,
Moscow, Bucharest and Brussels in order to meet the main figures responsible for the
Ukrainian plan and get acquainted with all its details. On the basis of this information
we will make specific proposals for the Assembly to play an effective part in the
plan’s progress.
43. A number of questions remain about the implementation of the Ukrainian plan
and the conditions set by the Moldovan parliament. However, against the background
of all the failed diplomatic attempts, it has one strong advantage. It combines
diplomatic efforts with specific measures for democratisation, in Transnistria but also
in Moldova, which must serve as an example. The initiative also comes at the right
moment, as it coincides with a major strive for democratisation and European
integration in the entire region.
44. Not only Moldova, whose territorial integrity and sovereignty have been
violated, but Europe as a whole can no longer afford to have this ‘black hole’ on its
territory. Transnistria is a centre of all kinds of illicit trade and, in the first place arms
trafficking and all forms of smuggling. Political life continues to be dominated by the
secret police; fundamental freedom and liberties are curtailed.
45. One of the most difficult elements appears to be the possibility to organise
democratic elections in Transnistria. For this the region needs to have freely
functioning political parties, media and civil society. The 27 March local elections in
Transnistria (to elect village, settlement, city and district councils, as well as the
chairmen of village and settlement councils) showed that real strong opposition is still
missing. These elections by the way were considered as a test for the scheduled
December 2005 elections for the Transnistrian Supreme Soviet.
46. However, there are some interesting developments, especially concerning a
group of Supreme Soviet members led by the Deputy Speaker Evgeny Shevchuk. 1 On
29 April this group initiated ambitious draft changes to the Transnistrian ‘constitution’
aiming at reinforcing this ‘parliament’’s role vis-à-vis the ‘president’ and the
executive – for instance by granting it the right to a no-confidence vote on ‘ministers’
and other officials appointed by the ‘president’, or the right to control the work and
the spending of the executive. Some more modest changes, as well as a draft law on
local administration, stipulating that the chairmen of raion [district] and city councils
have to be elected by the councils by secret vote, were adopted on 18 May at first
reading. Mr Shevchuk is also promoting a legislative initiate to transform the regional
official ‘TV PMR’ into a public broadcasting institution.
47. On 22 June the Supreme Soviet recommended that ‘president’ Smirnov dismiss
the ‘minister’ of justice Victor Balala. Balala, who is one the closest allies of the
‘president’, recently decided to transfer registration functions from his ‘ministry’ to a
quasi-commercial ‘chamber of experts.’
48. On 22 July the Moldovan parliament approved in two readings the Law on the
Main Provisions of a Special Legal Status for Populated Areas on the Left Bank of
Note by the Registry: Mr Shevchuk was elected “President” of the “MRT” in December
2011.
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