32
CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
I. JURISDICTION
A. The parties’ submissions
1. The applicants
(a) The jurisdiction of the Republic of Moldova
83. The applicants submitted that, although Moldova lacked effective
control over Transdniestria, the region clearly remained part of the national
territory and the protection of human rights there remained the
responsibility of Moldova.
84. The applicants considered that Moldova’s positive obligations
towards them operated on several inter-connected levels. Moldova had a
responsibility to take all feasible measures to restore the rule of law and its
sovereign authority in Transdniestria. It also had a positive obligation to
take all feasible measures specifically to remedy the situation of the
applicants and to protect their freedom to study and have their children
study at schools using the Moldovan national language. The applicants
alleged that, despite Moldovan lack of overall control of Transdniestria, it
did have considerable means available to it in the political and economic
sphere that were capable of affecting its ongoing relationship with the
“MRT” authorities.
(b) The jurisdiction of the Russian Federation
85. The applicants pointed out that the closure of the schools took place
in 2004, shortly after the Court delivered judgment in Ilaşcu (cited above).
They submitted that the Court’s findings of fact in Ilaşcu, which led it to
conclude that Russia exercised decisive influence over the “MRT”, applied
equally in the present case.
86. The applicants emphasised that since 2004 there had been no
verified withdrawals of Russian arms and equipment. They alleged that
Russia had entered into secret deals with the “MRT” leaders in connection
with the management of the arms store. In 2003 the Russian Government’s
own figures showed that there were 2,200 Russian troops stationed in the
region and there was no evidence to show that that figure had diminished
significantly. Their presence was justified by Russia as necessary to guard
the arms store. The applicants submitted that the presence of both the arms
and the troops was contrary to Russia’s international commitments. The
applicants further submitted that there was no indication of any clear
commitment to the removal of troops and weapons. Instead, official Russian
statements tended to indicate that withdrawal was conditional on a political
settlement being reached. In the applicants’ view, the continued Russian