12
CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
USD 20.64 million. 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.
42. In addition, the applicants claimed that some 120,000 individuals
living in Transdniestria had been granted Russian citizenship. These
included many of the “MRT” leaders. The Court considers that this should
be put in the context of the findings of a census carried out in 2004 by the
“MRT Government”, which found, in the area under their control, a
population of 555,347 people, approximately 32% of whom came from the
Moldovan community, 30% of whom were Russian and 29% were
Ukrainian, with small percentages of other national and ethnic groups.
H. The schools crisis and the facts concerning the applicants’ cases
43. According to Article 12 of the MRT “Constitution”, the official
languages within the MRT are “Moldavian”, Russian and Ukrainian.
Article 6 of the “MRT Law on languages”, which was adopted on
8 September 1992, states that, for all purposes, “Moldavian” must be
written with the Cyrillic alphabet. The “law” provides further that use of the
Latin alphabet may amount to an offence and Article 200-3 of the “MRT
Code of Administrative Offences”, adopted on 19 July 2002, states that:
“Failure by persons holding public office and other persons in the executive and
State administration, in public associations, as well as in other organisations,
regardless of their legal status and form of ownership, and in other entities, situated on
the territory of the MRT, to observe MRT’s legislation on the functioning of
languages on the territory of MRT ... entails liability in the form of a fine which may
amount to 50 (fifty) minimal salaries.”
44. On 18 August 1994 the “MRT” authorities forbade the use of the
Latin script in schools. By a decision of 21 May 1999, the “MRT” ordered
that all schools belonging to “foreign States” and functioning on “its”
territory had to register with the “MRT” authorities, failing which they
would not be recognised and would be deprived of their rights.
45. On 14 July 2004 the “MRT” authorities began taking steps to close
down all schools using the Latin script. At the date of adoption of the
admissibility decision, there remained only six schools in Transdniestria
using the Moldovan/Romanian language and the Latin script.