44
CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
are economically active, the importance for the local economy of Russian
pensions and other aid can be better appreciated. Finally, the Court notes
that the Russian Government do not take issue with the applicants’ statistics
regarding nationality, according to which almost one fifth of those living in
the region controlled by the “MRT” have been granted Russian nationality
(see paragraphs 41-42 above).
121. In summary, therefore, the Russian Government have not
persuaded the Court that the conclusions it reached in 2004 in the Ilaşcu
judgment (cited above) were inaccurate. The “MRT” was established as a
result of Russian military assistance. The continued Russian military and
armaments presence in the region sent a strong signal, to the “MRT”
leaders, the Moldovan Government and international observers, of Russia’s
continued military support for the separatists. In addition, the population
were dependent on free or highly subsidised gas supplies, pensions and
other financial aid from Russia.
122. The Court, therefore, maintains its findings in the Ilaşcu judgment
(cited above), that during the period 2002-2004 the “MRT” was able to
continue in existence, resisting Moldovan and international efforts to
resolve the conflict and bring democracy and the rule of law to the region,
only because of Russian military, economic and political support. In these
circumstances, the “MRT”‘s high level of dependency on Russian support
provides a strong indication that Russia exercised effective control and
decisive influence over the “MRT” administration during the period of the
schools’ crisis.
123. It follows that the applicants in the present case fall within Russia’s
jurisdiction under Article 1 of the Convention. The Court must now
determine whether there has been any violation of their rights under the
Convention such as to incur the responsibility of the respondent States.
II. ALLEGED VIOLATION OF ARTICLE 2 OF PROTOCOL No. 1 TO
THE CONVENTION
124. Article 2 of Protocol No. 1 to the Convention provides:
“No person shall be denied the right to education. In the exercise of any functions
which it assumes in relation to education and to teaching, the State shall respect the
right of parents to ensure such education and teaching in conformity with their own
religious and philosophical convictions.”