CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
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towns of Grigoriopol, Dubăsari, Slobozia, Tiraspol and Ribniţa, situated on
the left bank of the Dniester, by the 14th Army under the command of
Lieutenant-General Iakovlev. They accused the authorities of the USSR,
particularly the Ministry of Defence, of having prompted these acts. The
soldiers of the 14th Army were accused of distributing military equipment
to the Transdniestrian separatists and organising the separatists into military
detachments which were terrorising the civilian population.
19. In 1991-92 a number of 14th Army military units joined the
Transdniestrian separatists. In the Ilaşcu judgment the Court found it
established beyond reasonable doubt that Transdniestrian separatists were
able, with the assistance of 14th Army personnel, to arm themselves with
weapons taken from the stores of the 14th Army stationed in Transdniestria.
In addition, large numbers of Russian nationals from outside the region,
particularly Cossacks, went to Transdniestria to fight with the separatists
against the Moldovan forces. Given the support provided to the separatists
by the troops of the 14th Army and the massive transfer to them of arms and
ammunition from the 14th Army’s stores, the Moldovan army was in a
position of inferiority that prevented it from regaining control of
Transdniestria. On 1 April 1992 the President of the Russian Federation,
Mr Boris Yeltsin, officially transferred the 14th Army to Russian command,
and it thereafter became the “Russian Operational Group in the
Transdniestrian region of Moldova” or “ROG”. On 2 April 1992 General
Netkachev, the new Commander of the ROG ordered the Moldovan forces
which had encircled the town of Tighina (Bender), held by the separatists, to
withdraw immediately, failing which the Russian army would take countermeasures. In May the ROG launched attacks against the Moldovan forces,
driving them out of some villages from the left bank of the Dniester. In June
the ROG intervened officially in favour of the separatists who were losing
the city of Tighina, driving out the Moldovan forces.
C. The ceasefire agreement, the 1997 Memorandum and the Istanbul
Commitments
20. On 21 July 1992 the President of the Republic of Moldova,
Mr Mircea Snegur, and Mr Yeltsin signed an agreement on the principles
for the friendly settlement of the armed conflict in the Transdniestrian
region of the Republic of Moldova (“the ceasefire agreement”).
21. The agreement introduced the principle of a security zone to be
created by the withdrawal of the armies of the “parties to the conflict”
(Article 1 § 2). Under Article 2 of the agreement, a Joint Control
Commission (“the JCC”) was set up, composed of representatives of
Moldova, the Russian Federation and Transdniestria, with its headquarters
in Tighina. The agreement also provided for a peacekeeping force charged
with ensuring observance of the ceasefire and security arrangements,