CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
11
and that all that remained in the warehouses were shells, hand grenades,
mortar bombs and small-arms ammunition.
37. The parties to the present case agreed that approximately 1,000
Russian servicemen were stationed in Transdniestria to guard the arms
store. In addition, the parties agreed that there were approximately 1,125
Russian soldiers stationed in the Security Area as part of the internationally
agreed peace-keeping force. The Security Area was 225 km long and 12-20
km wide.
G. Alleged Russian economic and political support for the “MRT”
38. Again, it should be noted that the Russian Government contended
that events in Transdniestria prior to the schools crisis were not relevant to
the issues in the present case.
39. In the Ilaşcu judgment the Court found it uncontested that the arms
industry, which was one of the pillars of the Transdniestrian economy, was
directly supported by Russian firms including the Rosvoorouzhenie
(Росвооружение) and Elektrommash companies. The Russian firm Iterra
had bought the largest undertaking in Transdniestria, the Râbniţa
engineering works, despite the opposition of the Moldovan authorities. In
addition, the Russian Army constituted a major employer and purchaser of
supplies in Transdniestria.
40. According to the applicants in the present case, Russia accounted for
18% of the “MRT”‘s exports and 43.7% of its imports, primarily energy.
The “MRT” paid for less than 5% of the gas it had consumed. For example,
in 2011 Transdniestria consumed USD 505 million worth of gas, but paid
for only 4% (USD 20 million). The Russian Government 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.
41. The applicants further alleged that Russia provided direct
humanitarian aid to Transdniestria, mostly in the form of contributions to
old-age pensions. 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. The Moldovan Government submitted
that in 2011 the “MRT” received financial aid from Russia totalling