CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT 33 military presence represented a latent threat of future military intervention, which acted to intimidate the Moldovan Government and opponents to the separatist regime in Transdniestria. 87. The applicants alleged that Transdniestria depended on the importation of energy from Russia and on Russian investment, aid and trade. Russia accounted for 18% of the “MRT’s” exports and 43.7% of its imports, primarily energy. The “MRT” had paid for less than 5% of the gas it had consumed, but Russia had taken no measures to recover the debt. Russia provided direct humanitarian aid to Transdniestria, mostly in the form of contributions to old-age pensions, in breach of Moldovan law. 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. 88. The applicants submitted that the Russian political establishment regarded Transdniestria as an outpost of Russia. They provided examples of statements by members of the Duma in support of “MRT” independence from Moldova and referred to calls made by Igor Smirnov, the President of the “MRT” until January 2012, for Transdniestria to be incorporated into the Russian Federation. They also underlined that some 120,000 individuals living in Transdniestria had been granted Russian citizenship. In February and March 2005, “in response to the course of action taken by the Moldovan Government aimed at worsening the situation around Transdniestria”, the Duma adopted resolutions asking the Russian Government to introduce an import ban on Moldovan alcohol and tobacco products; export energy to Moldova (except Transdniestria) at international rates; require visas for Moldovan nationals visiting Russia, except residents of Transdniestria. The applicants quoted the findings of the International Monetary Fund, that these measures had a combined negative effect on Moldova’s economic growth of 2-3% annually in 2006-2007. 2. The Moldovan Government (a) The jurisdiction of the Republic of Moldova 89. The Moldovan Government submitted that according to the rationale of the Ilaşcu judgment (cited above), the applicants fell within Moldova’s jurisdiction because, by claiming the territory and by trying to secure the applicants’ rights, the Moldovan authorities assumed positive obligations in respect of them. The Moldovan Government maintained that they still had no jurisdiction, in the sense of authority and control, over the Transdniestrian territory; nonetheless, they continued to fulfil the positive obligations instituted by Ilaşcu. For the Moldovan Government, the central issue in respect of Moldova was how far such a positive obligation might act to engage a State’s jurisdiction. They relied, in this respect, on the Partly

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