CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
13
1. Catan and Others (application no. 43370/04)
46. The applicants are 18 children who were studying at Evrica School
in Rîbniţa during the period in question and 13 parents (see the annex to this
judgment).
47. From 1997 Evrica School used premises situated on Gagarin Street
built with Moldovan public funds. The school was registered with the
Moldovan Ministry of Education and was using the Latin script and a
curriculum approved by that Ministry.
48. Following the “MRT decision” of 21 May 1999 (see paragraph 44
above), Evrika School refused to register, since registration would require it
to use the Cyrillic script and the curriculum devised by the “MRT”
regime. On 26 February 2004 the building used by the school was
transferred by the “MRT” authorities to the “Rîbniţa Department of
Education”. In July 2004, following a number of closures of Latin-script
schools within the “MRT”, the pupils, parents and teachers of Evrika School
took it upon themselves to guard the school day and night. On 29 July 2004
Transdniestrian police stormed the school and evicted the women and
children who were inside it. Over the following days local police and
officials from the “Rîbniţa Department of Education” visited the parents of
children registered with the school, asking them to withdraw their children
from the school and to put them in a school registered with the “MRT”
regime. The parents were allegedly told that if they did not do so, they
would be fired from their jobs and would even be deprived of their parental
rights. As a result of this pressure, many parents withdrew their children and
transferred them to another school.
49. On 29 September 2004, and following the intervention of the OSCE
Mission to Moldova, the school was able to register with the “Tiraspol
Chamber of Registration” as a foreign institution of private education, but
could not resume its activity for lack of premises. On 2 October 2004 the
“MRT” regime allowed the school to reopen in another building, which had
previously housed a kindergarten. The building is rented from the “MRT”
and the Moldovan Government has paid for it to be refurbished. The
school’s repeated requests to be allowed to return to the building situated on
Gagarin Street, which is bigger and more appropriate, were rejected on the
ground that another school was now using that building. The applicants
allege that the rented premises are inappropriate for a secondary school, in
that the lighting, corridors and classrooms are not fully adapted and there
are no laboratories or sports facilities. The school is administered by the
Moldovan Ministry of Education, which pays the teachers’ salaries and
provides educational material. It uses the Latin alphabet and a Moldovan
curriculum.
50. The applicants filed a number of petitions and complaints with the
authorities of the Russian Federation. The Ministry of Foreign Affairs of the
Russian Federation replied by making public general statements about the