CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
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99. The Russian Government denied that they provided any economic
support to the “MRT”. As regards the supply of gas, they explained that
since the “MRT” was not recognised as a separate entity under international
law, it could not have its own sovereign debts and Russia did not effect
separate gas supplies for Moldova and Transdniestria. The bill for supplying
gas to Transdniestria was, therefore, attributed to Moldova. The supply of
gas to the region was organised through the Russian public corporation
Gazprom and the joint stock company Moldovagaz, which was owned
jointly by Moldova and the “MRT”. The debt owed by Moldovagaz to
Russia exceeded USD 1.8 billion, of which USD 1.5 billion related to gas
consumed in Transdniestria. Gazprom could not simply refuse to supply gas
to the region, since it needed pipelines through Moldova to supply the
Balkan States. Complex negotiations were on-going between Gazprom and
Moldovagaz concerning the repayment of the debt. In 2003-2004 a solution
was proposed whereby the “MRT” would permit Russia to remove military
equipment to the value of USD 1 million in return for Russia writing off an
equivalent sum from the gas debt, but this scheme was never implemented
because at that point relations between Moldova and the “MRT”
deteriorated and neither was prepared to consent. The Russian Government
denied that there were separate contracts for gas supply to Moldova and
Transdniestria and contended that it was impossible for Gazprom to fix
different rates for consumers in each part of the country. From 2008
Moldova has been required to pay for gas at European prices, rather than on
preferential internal rates.
100. With regard to financial aid, the Russian Government submitted
that the amount of aid given to Russian citizens living in the region for
humanitarian purposes, such as the payment of pensions and assistance with
catering in schools, prisons and hospitals, was fully transparent, and could
be compared with humanitarian aid provided by the European Union. As
well as providing aid to the population living in Transdniestria, Russia
provided aid to those living in other parts of Moldova. In addition, the
Russian Government denied that Moldova was ever subjected to economic
sanctions because of its position as regards the “MRT” and underlined that
the President and the Government, rather than the Duma, were in charge of
economic policy. In March 2006 restrictions were placed on the importation
of wine from Moldova because violations of sanitary norms were
discovered. Importation of Moldovan wine resumed from 1 November 2007
following an expert report. The authorities of the Russian Federation
considered the Republic of Moldova as a single State and had no separate
trading and economic arrangements with Transdniestria.
101. On the issue of political support, the Russian Government argued
that, as a matter of international law, even if it could be established that
Russia politically supported the “MRT” authorities in any relevant way, this
would not establish that Russia was responsible for human rights violations