40
CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
Bun School in Tighina was threatened with closure and disconnected from
electricity and water supplies. Both schools were required to move to less
convenient and less well equipped premises in their home towns at the start
of the following academic year.
(a) The Republic of Moldova
109. The Court must first determine whether the case falls within the
jurisdiction of the Republic of Moldova. In this connection, it notes that all
three schools have at all times been situated within Moldovan territory. It is
true, as all the parties accept, that Moldova has no authority over the part of
its territory to the east of the River Dniester, which is controlled by the
“MRT”. Nonetheless, in the Ilaşcu judgment, cited above, the Court held
that individuals detained in Transdniestria fell within Moldova’s jurisdiction
because Moldova was the territorial State, even though it did not have
effective control over the Transdniestrian region. Moldova’s obligation
under Article 1 of the Convention, to “secure to everyone within their
jurisdiction the [Convention] rights and freedoms”, was, however, limited in
the circumstances to a positive obligation to take the diplomatic, economic,
judicial or other measures that were both in its power to take and in
accordance with international law (see Ilaşcu, cited above, § 331). The
Court reached a similar conclusion in Ivanţoc and Others v. Moldova and
Russia, no. 23687/05, §§ 105-111, 15 November 2011.
110. The Court sees no ground on which to distinguish the present case.
Although Moldova has no effective control over the acts of the “MRT” in
Transdniestria, the fact that the region is recognised under public
international law as part of Moldova’s territory gives rise to an obligation,
under Article 1 of the Convention, to use all legal and diplomatic means
available to it to continue to guarantee the enjoyment of the rights and
freedoms defined in the Convention to those living there (see Ilaşcu, cited
above, § 333). The Court will consider below whether Moldova has
satisfied this positive obligation.
(b) The Russian Federation
111. The Court must next determine whether or not the applicants also
fall within the jurisdiction of the Russian Federation. It takes as its starting
point the fact that the key events in this case, namely the forcible eviction of
the schools, took place between August 2002 and July 2004. Those two
years fell within the period of time considered by the Court in the Ilaşcu
judgment (cited above), which was delivered in July 2004. It is true that in
that case the Court considered it relevant to the question whether Russian
jurisdiction was engaged that Mr Ilaşcu, Mr Leşco, Mr Ivanţoc and
Mr Petrov-Popa had been arrested, detained and ill-treated by soldiers of the
14th Army in 1992, who then transferred them to “MRT” custody. The
Court considered that these acts, although they took place before Russia