CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
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The media environment is restrictive ...
Religious freedom is restricted ...
Although several thousand students study Moldovan using the Latin script, this
practice is restricted. The Moldovan language and Latin alphabet are associated with
support for unity with Moldova, while Russian and the Cyrillic alphabet are
associated with separatist goals. Parents who send their children to schools using
Latin script, and the schools themselves, have faced routine harassment from the
security services.
The authorities severely restrict freedom of assembly and rarely issue required
permits for public protests ...
The judiciary is subservient to the executive and generally implements the will of
the authorities ...
Authorities discriminate against ethnic Moldovans, who make up about 40 percent
of the population. It is believed that ethnic Russians and Ukrainians together comprise
a slim majority, and as many as a third of the region’s residents reportedly hold
Russian passports.”
III. RELEVANT INTERNATIONAL LAW
A. International law materials concerning State responsibility for
unlawful acts
1. The International Law Commission’s Draft Articles on the
Responsibility of States for Internationally Wrongful Acts
74. The International Law Commission (ILC) adopted its Draft Articles
on the Responsibility of States for Internationally Wrongful Acts (“Draft
Articles”) in August 2001. Articles 6 and 8 of Chapter II of the Draft
Articles provide:
“Article 6: Conduct of organs placed at the disposal of a State by another State
The conduct of an organ placed at the disposal of a State by another State shall be
considered an act of the former State under international law if the organ is acting in
the exercise of elements of the governmental authority of the State at whose disposal
it is placed.
Article 8: Conduct directed or controlled by a State
The conduct of a person or group of persons shall be considered an act of a State
under international law if the person or group of persons is in fact acting on the
instructions of, or under the direction or control of that State in carrying out the
conduct.”