CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
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Dniestr (Transnistria). The law established an autonomous territorial unit which is an
inseparable part of Moldova and – within the plenary powers established under the
Constitution and legislation of Moldova – decides on questions within its jurisdiction.
The law stipulates that populated localities on the left bank of the Dniester may join
Transnistria or secede from it on the basis of local referenda and in conformity with
the Moldovan legislation.”
65. In the light of this report, PACE adopted a resolution in which it
resolved, inter alia, that:
“10. The Assembly welcomes the resumption of negotiations following Ukraine’s
optimistic initiative of settling the Transnistrian conflict by giving priority to
democratisation. It hopes that the current five-member format, involving Moldova, the
Transnistrian region, Russia, Ukraine and the OSCE, will be extended to include also
the Council of Europe. It emphasises the need for effective supervision of the border
between Moldova and Ukraine, arms stocks and the production of armaments
factories. Given their accumulated expertise, the Assembly wishes its rapporteurs to
be associated with all these developments.
11. Any settlement of the Transnistrian conflict must be based on the inviolable
principle of full respect for Moldova’s territorial integrity and sovereignty. In
accordance with the rule of law, any solution must accord with the popular will as
expressed in fully free and democratic elections run by internationally recognised
authorities.”
B. The Organisation for Security and Co-operation in Europe
(OSCE)
66. In its Annual Report for 2004, the OSCE referred to events in
Transdniestria as follows:
“...The most disruptive development, however, was the Transdniestrian decision in
mid-July to close the Moldovan schools in Transdniestrian territory teaching in Latin
script. In response, the Moldovan side suspended its participation in the five-sided
political settlement negotiations.
Together with co-mediators from the Russian Federation and Ukraine, the Mission
went to extraordinary lengths from mid-July well into autumn to ameliorate the school
crisis and to find and implement a solution. The Mission also sought to defuse
tensions between the sides concerning freedom of movement, farmlands, and
railways.”
In 2004 the OSCE also observed that:
“Only one train containing approximately 1,000 tons of ammunition was removed
from the Operative Group of Russian Forces depots in Transdniestria in 2004.
Approximately 21,000 metric tons of ammunition remain to be removed, together
with more than 40,000 small arms and light weapons and approximately ten trainloads
of miscellaneous military equipment. The Mission continued to co-ordinate technical
and financial assistance to the Russian Federation for these activities.”