34 CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT Dissenting Opinion of Judge Sir Nicolas Bratza joined by Judges Rozakis, Hedigan, Thomassen and Panţîru to the Ilaşcu judgment. (b) The jurisdiction of the Russian Federation 90. The Moldovan Government considered that, in the light of the principles set out in Al-Skeini and Others v. the United Kingdom [GC], no. 55721/07, 7 July 2011, the facts of the present case fell within Russia’s jurisdiction due to the continuous military presence which had prevented the settlement of the conflict. 91. The Moldovan Government emphasised that they had no access to the arms store at Colbaşna and thus no real knowledge as to the quantity of armaments still held by the Russian Federation in Transdniestria. They contended that it was difficult to draw a clear line between Russian soldiers making up the peacekeeping force under the terms of the ceasefire agreement and Russian soldiers within the Russian Operational Group (“ROG”), stationed in Transdniestria to guard the arms store. They submitted that, leaving aside the high level commanders who were probably recruited directly from Russia, many of the ordinary soldiers within both forces were Russian nationals from Transdniestria who supported the separatist regime. Finally, they underlined that Tiraspol military airport was under Russian control and that “MRT” officials were able to use it freely. 92. The Moldovan Government submitted that the Russian military and armaments presence in Transdniestria blocked efforts to resolve the conflict and helped to keep the separatist regime in power. The Moldovan Government were put at a disadvantage and could not negotiate freely without the threat that Russian military withdrawal would be suspended, as occurred when Moldova rejected the Kozak Memorandum (see paragraph 27 above). The opposition of the “MRT” to the removal of the arms did not, in their view, provide an acceptable excuse for not removing or destroying them and the Russian Government should not accept or rely on such opposition. The Moldovan Government was prepared to cooperate in any way, except where cooperation entailed unduly onerous conditions, such as those included in the “Kozak Memorandum”. The active involvement of the other international partners in the negotiation process should also act to mitigate any excessive burden on Russia arising out of practical arrangements for the destruction of the arms store. 93. The Moldovan Government submitted that the “MRT” economy was geared towards the export of goods to Russia and Ukraine; there were no real trading links between the “MRT” and Moldova proper. However, only about 20% of the population was economically active and the region survived as a result of financial support from Russia, in the form of waiver of gas debts and aid donations. For example, in 2011 the “MRT” received financial aid from Russia totalling USD 20.64 million. In 2011