CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
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military presence represented a latent threat of future military intervention,
which acted to intimidate the Moldovan Government and opponents to the
separatist regime in Transdniestria.
87. The applicants alleged that Transdniestria depended on the
importation of energy from Russia and on Russian investment, aid and
trade. Russia accounted for 18% of the “MRT’s” exports and 43.7% of its
imports, primarily energy. The “MRT” had paid for less than 5% of the gas
it had consumed, but Russia had taken no measures to recover the debt.
Russia provided direct humanitarian aid to Transdniestria, mostly in the
form of contributions to old-age pensions, in breach of Moldovan law. The
applicants claimed that official Russian sources stated that between 2007
and 2010 the total volume of financial assistance to Transdniestria was
USD 55 million.
88. The applicants submitted that the Russian political establishment
regarded Transdniestria as an outpost of Russia. They provided examples of
statements by members of the Duma in support of “MRT” independence
from Moldova and referred to calls made by Igor Smirnov, the President of
the “MRT” until January 2012, for Transdniestria to be incorporated into the
Russian Federation. They also underlined that some 120,000 individuals
living in Transdniestria had been granted Russian citizenship. In February
and March 2005, “in response to the course of action taken by the Moldovan
Government aimed at worsening the situation around Transdniestria”, the
Duma adopted resolutions asking the Russian Government to introduce an
import ban on Moldovan alcohol and tobacco products; export energy to
Moldova (except Transdniestria) at international rates; require visas for
Moldovan nationals visiting Russia, except residents of Transdniestria. The
applicants quoted the findings of the International Monetary Fund, that
these measures had a combined negative effect on Moldova’s economic
growth of 2-3% annually in 2006-2007.
2. The Moldovan Government
(a) The jurisdiction of the Republic of Moldova
89. The Moldovan Government submitted that according to the rationale
of the Ilaşcu judgment (cited above), the applicants fell within Moldova’s
jurisdiction because, by claiming the territory and by trying to secure the
applicants’ rights, the Moldovan authorities assumed positive obligations in
respect of them. The Moldovan Government maintained that they still had
no jurisdiction, in the sense of authority and control, over the
Transdniestrian territory; nonetheless, they continued to fulfil the positive
obligations instituted by Ilaşcu. For the Moldovan Government, the central
issue in respect of Moldova was how far such a positive obligation might
act to engage a State’s jurisdiction. They relied, in this respect, on the Partly