CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
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demilitarisation and on promoting the criteria of democratisation of the Transnistrian
region of the Republic of Moldova ....
36. The declaration welcomed the initiative of President Yushchenko, hoping that it
would become ‘a major factor in the achievement by Moldova of its territorial and
civil unity’. The parliament however regretted that the Ukrainian initiative did not
reflect some important principles of settlement, in the first place the withdrawal of
Russian troops; demilitarisation; the principles and conditions of the region’s
democratisation and the establishing of a transparent and legal control over the
Transnistrian segment of the Moldovan-Ukrainian border. It called for additional
efforts by the international community and Ukraine in this respect.
37. The parliament also criticised a number of provisions which might ‘infringe
upon the sovereignty of the Republic of Moldova’, such as the co-participation of
Transnistria in the conduct of foreign policy of the Republic of Moldova and the
proposal to create the so-called conciliation committee. The Parliament insisted on
resolving the conflict within the framework of the Moldovan Constitution through
dialogue with a new, democratically elected, Transnistrian leadership. There are thus a
number of divergences between the Ukrainian initiative and the approach to
implementing it chosen by Moldova.
38. The mediators in the Transnistrian conflict (the OSCE, Russia and Ukraine)
stated that the plan provided a concrete impetus toward achieving a settlement. At all
of their latest meetings they called for resuming direct, continuing dialogue on
resolution of the conflict.
39. More delicate is the position of Russia. It is clear that through its military and
economic presence and thanks to the strong cultural and linguistic links with
Transnistria, Russia would like to retain its strong influence over the territory. The
press recently reported the existence of an ‘Action plan of retaining Russian influence
in the Moldova Republic’, details of which are kept secret. Russia is still strongly
attached to the so-called ‘Kozak Memorandum’ of 2003, which proposed to Moldova
a federal solution. Moldova had nearly accepted the plan; it refused to sign it at the
last moment, allegedly under Western influence.
40. Over the last months, there have been several signs of tension. For instance, on
18 February the Russian Federation State Duma adopted with a large majority a
resolution requesting from the Russian government a number of economic and other
sanctions against Moldova, with the exclusion of Transnistria, if the Moldovan
authorities did not change their ‘economic blockade of Transdniestria.’ The sanctions
included a ban on imports of Moldovan alcohol and tobacco, world market prices for
exports of Russian natural gas to Moldova and visas for Moldovans entering Russia.
41. Both appeals adopted by the Moldovan parliament called on the Council of
Europe for support and, concerning the democratisation of Transnistria, to engage
actively in the process. During our visit in Chisinau our interlocutors repeatedly
stressed the importance they attached to the expertise and experience of our
organisation in this respect. The documents adopted by the Moldovan Parliament were
officially submitted by its Speaker to the Monitoring Committee ‘for examination in
the framework of the Moldova’s monitoring exercise’ and for ‘analysis, comments
and recommendations, as well as ideas of the Parliamentary Assembly that could
contribute to the democratisation of the Transnistrian region and final settlement of
the conflict’.