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CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
67. The 2005 Annual Report stated:
“The Mission concentrated its efforts on restarting the political settlement
negotiations, stalled since summer 2004. The mediators from the Russian Federation,
Ukraine, and the OSCE held consultations with representatives from Chisinau and
Tiraspol in January, May and September. At the May meeting, Ukraine introduced
President Victor Yushchenko’s settlement plan, Toward a Settlement through
Democratization. This initiative envisages democratization of the Transdniestrian
region through internationally conducted elections to the regional legislative body,
along with steps to promote demilitarization, transparency and increased confidence.
In July, the Moldovan Parliament, citing the Ukrainian Plan, adopted a law On the
Basic Principles of a Special Legal Status of Transdniestria. During consultations in
September in Odessa, Chisinau and Tiraspol agreed to invite the EU and US to
participate as observers in the negotiations. Formal negotiations resumed in an
enlarged format in October after a 15-month break and continued in December
following the OSCE Ministerial Council in Ljubljana. On 15 December, the
Presidents of Ukraine and the Russian Federation, Victor Yushchenko and Vladimir
Putin, issued a Joint Statement welcoming the resumption of negotiations on the
settlement of the Transdniestrian conflict.
In September, Presidents Voronin and Yushchenko jointly requested the OSCE
Chairman-in-Office to consider sending an International Assessment Mission (IAM)
to analyse democratic conditions in Transdniestria and necessary steps for conducting
democratic elections in the region. In parallel, the OSCE Mission conducted technical
consultations and analyses on basic requirements for democratic elections in the
Transdniestrian region, as proposed in the Yushchenko Plan. At the October
negotiating round, the OSCE Chairmanship was asked to continue consultations on
the possibility of organizing an IAM to the Transdniestrian region.
Together with military experts from the Russian Federation and Ukraine, the OSCE
Mission completed development of a package of proposed confidence- and
security-building measures, which were presented by the three mediators in July. The
Mission subsequently began consultations on the package with representatives of
Chisinau and Tiraspol. The October negotiating round welcomed possible progress on
enhancing transparency through a mutual exchange of military data, as envisaged in
elements of this package.”
On the question of Russian military withdrawal, the OSCE observed:
“There was no withdrawal of Russian arms and equipment from the Transniestrian
region during 2005. Roughly 20,000 metric tons of ammunition remain to be
removed. The commander of the Operative Group of Russian Forces reported in May
that surplus stocks of 40,000 small arms and light weapons stored by Russian forces
in the Transdniestrian region have been destroyed. The OSCE has not been allowed to
verify these claims.”
68. In 2006, the OSCE reported as follows:
“The 17 September ‘independence’ referendum and the 10 December ‘presidential’
elections in Transnistria – neither one recognized nor monitored by the OSCE –
shaped the political environment of this work ...
To spur on the settlement talks, the Mission drafted in early 2006 documents that
suggested: a possible delimitation of competencies between central and regional