CEDH · CASELAW;JUDGMENTS;GRANDCHAMBER;ENG — 19 octobre 2012

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padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .sB993B0A7 { height:16.15pt } .s9538EC41 { height:0pt } .s7DC76A19 { width:54pt } .s70CB50B8 { width:0.55pt } .sDE8AD925 { width:143.45pt } .s8E6950B8 { width:0.75pt } .s6E069A49 { width:98.25pt } .sF6A12959 { width:33%; height:1px; text-align:left } .s85226119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:10pt } .sC36A6361 { font-family:Arial; color:#000000 }     GRAND CHAMBER               CASE OF CATAN AND OTHERS v. MOLDOVA AND RUSSIA   (Applications nos. 43370/04, 8252/05 and 18454/06)             JUDGMENT       STRASBOURG   19 October 2012       This judgment is final but may be subject to editorial revision.     In the case of Catan and Others v. Moldova and Russia, The European Court of Human Rights, sitting as a Grand Chamber composed of:   Nicolas Bratza, President,   Françoise Tulkens,   Josep Casadevall,   Nina Vajić,   Dean Spielmann,   Lech Garlicki,   Karel Jungwiert,   Anatoly Kovler,   Egbert Myjer,   David Thór Björgvinsson,   Ján Šikuta,   Mark Villiger,   Isabelle Berro-Lefèvre,   Mirjana Lazarova Trajkovska,   Ledi Bianku,   Mihai Poalelungi,   Helen Keller, judges, and Michael O’Boyle, Registrar, Having deliberated in private on 25 January and 5 September 2012, Delivers the following judgment, which was adopted on the last ‑ mentioned date: PROCEDURE 1.     The case originated in three applications (nos. 43370/04, 8252/05 and 18454/06) against the Republic of Moldova and the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a number of Moldovan nationals (“the applicants”), on 25 October 2004. 2.     The applicants, one of whom was granted legal aid, were represented by Mr   Alexandru Postică and Mr   Ion Manole, lawyers practising in Chişinău and Mr   Padraig Hughes and Ms   Helen Duffy, lawyers with Interights, a human rights organisation based in London. The Government of the Republic of Moldova were represented by their Agents, Mr   Vladimir Grosu and Mr   Lilian Apostol and the Government of the Russian Federation were represented by Mr   Georgy Matyushkin, Representative of the Russian Federation at the European Court of Human Rights. 3.     The applicants, Moldovans who lived in Transdniestria and who were at the time of lodging the application pupils at three Moldovan-language schools and their parents: (see the attached annex), complained under Article   2 of Protocol No. 1 to the Convention and Article 8 of the Convention, taken alone and in conjunction with Article 14 about the closure of their schools and their harassment by the separatist Transdniestrian authorities. 4.     The applications were allocated to the Fourth Section of the Court (Rule   52 §   1 of the Rules of Court). On 15 June 2010, following a hearing on admissibility and the merits (Rule 54 § 3), they were joined and declared partly admissible by a Chamber of that Section composed of the following judges: N.   Bratza, L.   Garlicki, A.   Kovler, L.   Mijović, D.   Björgvinsson, J.   Šikuta, M.   Poalelungi, and also of T.L. Early, Section Registrar. On 14   December 2010 the Chamber relinquished jurisdiction in favour of the Grand Chamber, none of the parties having objected to relinquishment (Article 30 of the Convention and Rule 72). 5.     The composition of the Grand Chamber was determined according to the provisions of Article 26 §§ 4 and 5 of the Convention and Rule 24 of the Rules of Court. 6.     The applicants and each respondent Government filed further written observations (Rule 59 § 1) on the merits. 7.     A hearing took place in public in the Human Rights Building, Strasbourg, on 25 January 2012 (Rule 59 § 3). There appeared before the Court:   (a)     for the Government of the Republic of Moldova Mr   V. Grosu ,   Agent , Mr   L. Apostol ,   Adviser ; (b)     for the Government of the Russian Federation Mr   G. Matyushkin ,   Agent , Ms   O. Sirotkina , Ms   I. Korieva , Ms   A. Dzutseva , Mr   N. Fomin , Ms   M. Molodtsova , Ms   V. Utkina , Mr   A. Makhnev ,   Advisers ; (c)     for the applicants Mr   P. Hughes , Ms   H. Duffy ,   Counsel , Mr   A. Postica , Mr   I. Manole , Mr   P. Postica ,   Advisers.   The Court heard addresses by Mr   Hughes, Mr   A.   Postica, Mr   Grosu and Mr   Matyushkin. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE A.     The historical background 8.     The country which subsequently became the Republic of Moldova was created as the Moldavian Soviet Socialist Republic on 2   August 1940 from a part of Bessarabia and a strip of land on the eastern bank of the Dniester (see further Tănase v. Moldova [GC], no. 7/08, §§ 11-17, ECHR 2010-...). This eastern region, now known as Transdniestria, had since 1924, together with a number of territories which are now part of Ukraine, been part of the Moldavian Autonomous Soviet Socialist Republic. The population of Transdniestria was originally composed principally of Ukrainians and Moldovans/Romanians, but from the 1920s onwards it was subject to significant immigration by industrial workers from elsewhere in the Soviet Union, particularly Russians and Ukrainians. In a census organised by the Soviet Union in 1989, the population of Transdniestria was assessed at 679,000, composed ethnically and linguistically of 40% Moldovan, 28% Ukrainian, 24% Russian and 8% others. 9.     According to the 1978 Constitution of the Moldavian Soviet Socialist Republic, there were two official languages: Russian and “Moldavian” (Moldovan/Romanian written with the Cyrillic alphabet). 10.     In August and September 1989 the Latin alphabet was reintroduced in Moldova for written Moldovan/Romanian, which became the first official language. 11.     On 23 June 1990 Moldova proclaimed its sovereignty; on 23 May 1991 it changed its name to the Republic of Moldova; and on 27 August 1991 the Moldovan parliament adopted the Declaration of Independence of the Republic of Moldova, whose territory included Transdniestria. B.     The Transdniestrian conflict 12.     The facts concerning the armed conflict of 1991-1992 and the period up to late 2003 are set out in more detail in Ilaşcu and Others v. Moldova and Russia [GC], no. 48787/99, §§ 28-183, ECHR 2004 ‑ VII and only a summary of the key events is provided here for ease of reference. The Court notes that in their observations the Russian Government submitted that the facts concerning the armed conflict were not relevant to the issues arising in present case. 13.     From 1989 onwards, a movement of resistance to Moldovan independence had been forming in Transdniestria. On 2 September 1990 Transdniestrian separatists announced the creation of the “Moldavian Republic of Transdniestria” (the “MRT”). On 25   August 1991 the “Supreme Council of the MRT” adopted the “declaration of independence” of the “MRT”. On 1 December 1991 a “presidential election”, declared illegal by the Moldovan authorities, was organised in the Transdniestrian provinces and Mr Igor Smirnov claimed to have been elected “President of the MRT”. To date, the “MRT” has not been recognised by the international community. 14.     At the time of Moldova’s declaration of independence, it did not have its own army. The USSR’s 14th Army, whose headquarters had been in Chişinău since 1956, remained on Moldovan territory, although from 1990 onwards equipment and personnel began to be withdrawn. In 1991 the 14 th   Army in Moldova was composed of several thousand soldiers, infantry units, artillery (notably an anti-aircraft missile system), armoured vehicles and aircraft (including planes and strike helicopters). It had a number of ammunition stores, including one of the largest in Europe at Colbaşna in Transdniestria. 15.     By Decree no. 234 of 14 November 1991 the President of Moldova declared that ammunition, weapons, military transport, military bases and other property belonging to the military units of the Soviet armed forces stationed in Moldovan territory were the property of the Republic of Moldova. This decree was not given effect within Transdniestria. 16.     By a decree dated 5 December 1991, Mr Smirnov decided to place the military units of the 14th Army deployed in Transdniestria under the command of “the National Defence and Security Department of the Moldavian Republic of Transdniestria”. Mr Smirnov appointed the Commander of the 14th Army, Lieutenant-General Iakovlev, as head of the “TRM” “National Defence and Security Department”. In December 1991 Lieutenant-General Iakovlev was arrested by the Moldovan authorities, who accused him of helping the Transdniestrian separatists to arm themselves by using the weapon stocks of the 14th Army. However, he was subsequently released following the intercession of the Government of the Russian Federation. 17.     At the end of 1991 and the beginning of 1992 violent clashes broke out between the Transdniestrian separatist forces and the Moldovan security forces, claiming the lives of several hundred people. 18.     On 6 December 1991, in an appeal to the international community and the United Nations Security Council, the Moldovan Government protested against the occupation, on 3 December 1991, of the Moldovan towns of Grigoriopol, Dubăsari, Slobozia, Tiraspol and Ribniţa, situated on the left bank of the Dniester, by the 14th Army under the command of Lieutenant-General Iakovlev. They accused the authorities of the USSR, particularly the Ministry of Defence, of having prompted these acts. The soldiers of the 14th   Army were accused of distributing military equipment to the Transdniestrian separatists and organising the separatists into military detachments which were terrorising the civilian population. 19.     In 1991-92 a number of 14th Army military units joined the Transdniestrian separatists. In the Ilaşcu judgment the Court found it established beyond reasonable doubt that Transdniestrian separatists were able, with the assistance of 14th Army personnel, to arm themselves with weapons taken from the stores of the 14th Army stationed in Transdniestria. In addition, large numbers of Russian nationals from outside the region, particularly Cossacks, went to Transdniestria to fight with the separatists against the Moldovan forces. Given the support provided to the separatists by the troops of the 14th Army and the massive transfer to them of arms and ammunition from the 14th Army’s stores, the Moldovan army was in a position of inferiority that prevented it from regaining control of Transdniestria. On 1 April 1992 the President of the Russian Federation, Mr   Boris Yeltsin, officially transferred the 14th Army to Russian command, and it thereafter became the “Russian Operational Group in the Transdniestrian region of Moldova” or “ROG”. On 2 April 1992 General Netkachev, the new Commander of the ROG ordered the Moldovan forces which had encircled the town of Tighina (Bender), held by the separatists, to withdraw immediately, failing which the Russian army would take counter-measures. In May the ROG launched attacks against the Moldovan forces, driving them out of some villages from the left bank of the Dniester. In June the ROG intervened officially in favour of the separatists who were losing the city of Tighina, driving out the Moldovan forces. C.     The ceasefire agreement, the 1997 Memorandum and the Istanbul Commitments 20.     On 21 July 1992 the President of the Republic of Moldova, Mr   Mircea Snegur, and Mr Yeltsin signed an agreement on the principles for the friendly settlement of the armed conflict in the Transdniestrian region of the Republic of Moldova (“the ceasefire agreement”). 21.     The agreement introduced the principle of a security zone to be created by the withdrawal of the armies of the “parties to the conflict” (Article 1 § 2). Under Article 2 of the agreement, a Joint Control Commission (“the JCC”) was set up, composed of representatives of Moldova, the Russian Federation and Transdniestria, with its headquarters in Tighina. The agreement also provided for a peacekeeping force charged with ensuring observance of the ceasefire and security arrangements, composed of five Russian battalions, three Moldovan battalions and two Transdniestrian battalions under the orders of a joint military command structure which was itself subordinate to the JCC. Under Article 3 of the agreement, the town of Tighina was declared a region subject to a security regime and its administration was put in the hands of “local organs of self ‑ government, if necessary acting together with the control commission”. The JCC was given the task of maintaining order in Tighina, together with the police. Article 4 required Russian troops stationed in the territory of the Republic of Moldova, to remain strictly neutral. Article 5 prohibited sanctions or blockades and laid down the objective of removing all obstacles to the free movement of goods, services and persons. The measures provided for in the agreement were defined as “a very important part of the settlement of the conflict by political means” (Article 7). 22.     On 29 July 1994 Moldova adopted a new Constitution. It provided, inter alia , that Moldova was neutral, that it prohibited the stationing in its territory of troops belonging to other States and that a form of autonomy might be granted to regions which included some areas on the left bank of the Dniester. According to Article 13 of the Constitution, the national language was Moldovan, to be written using the Latin alphabet. 23.     On a number of occasions from 1995 onwards the Moldovan authorities complained that ROG army personnel and the Russian contingent of the JCC’s peace-keeping force had infringed the principle of neutrality set out in the ceasefire agreement and that, inter alia , Transdniestrians had been able to acquire further military equipment and assistance from the ROG. These allegations were firmly denied by the Russian authorities. In addition, the Moldovan delegation to the JCC alleged that the Transdniestrians had created new military posts and customs checkpoints within the security zone, in breach of the ceasefire agreement. In the Ilaşcu judgment the Court found it established, by the evidence contained in the JCC’s official documents, that in various areas of Transdniestria under the control of the Russian peacekeeping forces, such as Tighina, the Transdniestrian separatist forces were breaching the ceasefire agreement. 24.     On 8 May 1997 in Moscow, Mr Petru Lucinschi, the President of Moldova, and Mr Smirnov, the “President of the MRT”, signed a memorandum laying down the basis for the normalisation of relations between the Republic of Moldova and Transdniestria (“the 1997 Memorandum”). Under the terms of the 1997 Memorandum, decisions concerning Transdniestria had to be agreed by both sides, powers had to be shared and delegated and guarantees had to be secured reciprocally. Transdniestria had to be allowed to participate in the conduct of the foreign policy of the Republic of Moldova on questions concerning its own interests to be defined by mutual agreement. Transdniestria would have the right unilaterally to establish and maintain international contacts in economic, scientific, technical, cultural and other fields, to be determined by mutual agreement. The parties undertook to settle conflicts through negotiation, with the assistance where necessary of the Russian Federation and Ukraine, as guarantors of compliance with the agreements reached, and of the Organisation for Security and Cooperation in Europe (OSCE) and the Commonwealth of Independent States (CIS). The 1997 Memorandum was countersigned by the representatives of the guarantor States, namely Mr   Yeltsin for the Russian Federation and Mr Leonid Kuchma for Ukraine, and by Mr Helveg Petersen, the President of the OSCE. 25.     In November 1999 the OSCE held its sixth summit at Istanbul. During the summit, 54 Member States signed the Charter for European Security and the Istanbul Summit Declaration and 30 Member States, including Moldova and Russia, signed the Agreement on the Adaptation of the Treaty on Conventional Armed Forces in Europe (“the adapted CFE treaty”). The adapted CFE treaty set out, inter alia , the principle that foreign troops should not be stationed in Moldovan territory without Moldovan consent. Russia’s agreement to withdraw from Transdniestria (one of the “Istanbul Commitments”) was set out in an Annex to the adapted CFE Final Act. In addition, the Istanbul Summit Declaration, at paragraph 19, recorded inter alia the commitment of the Russian Federation to withdraw its forces from Transdniestria by the end of 2002: “19. Recalling the decisions of the Budapest and Lisbon Summits and Oslo Ministerial Meeting, we reiterate our expectation of an early, orderly and complete withdrawal of Russian troops from Moldova. In this context, we welcome the recent progress achieved in the removal and destruction of the Russian military equipment stockpiled in the Trans-Dniestrian region of Moldova and the completion of the destruction of nontransportable ammunition. We welcome the commitment by the Russian Federation to complete withdrawal of the Russian forces from the territory of Moldova by the end of 2002. We also welcome the willingness of the Republic of Moldova and of the OSCE to facilitate this process, within their respective abilities, by the agreed deadline. We recall that an international assessment mission is ready to be dispatched without delay to explore removal and destruction of Russian ammunition and armaments. With the purpose of securing the process of withdrawal and destruction, we will instruct the Permanent Council to consider the expansion of the mandate of the OSCE Mission to Moldova in terms of ensuring transparency of this process and co ‑ ordination of financial and technical assistance offered to facilitate withdrawal and destruction. Furthermore, we agree to consider the establishment of a fund for voluntary international financial assistance to be administered by the OSCE.” In 2002, during an OSCE Ministerial Conference in Lisbon, Russia was granted a one-year extension for the removal of troops, up until the end of December 2003. 26.     Russia did not comply with the commitments given at the OSCE Istanbul Summit and Lisbon Ministerial Conference to withdraw militarily from Transdniestria before the end of 2003. At the OSCE Ministerial Council in December 2003, it was impossible to reach a common position on Transdniestria, and the published statement recorded that: “Most Ministers noted the efforts made by the Russian Federation to fulfil the commitments undertaken at the OSCE Istanbul Summit in 1999 to complete the withdrawal of Russian forces from the territory of Moldova. They noted that concrete progress was achieved in 2003 on the withdrawal/disposal of some ammunition and other military equipment belonging to the Russian Federation. They appreciated the efforts of all participating States of the OSCE that have contributed to the Voluntary Fund established to support this effort. They were, however, deeply concerned that the withdrawal of the Russian forces will not be completed by 31 December 2003. They stressed the need for the fulfilment of this commitment without further delay.” The Member States of the North Atlantic Treaty Organisation (NATO) have refused to ratify the adapted CFE until Russia has complied with the Istanbul Commitments. D.     The “Kozak Memorandum ” 27.     In 2001, the Communist Party were successful in elections and became the governing Party in Moldova. The new President of Moldova, Mr Vladimir Voronin, entered into direct negotiation with Russia over the future of Transdniestria. In November 2003, the Russian Federation put forward a settlement proposal, the “Memorandum on the Basic Principles of the State Structure of the United State” (referred to as the “Kozak Memorandum”, after the Russian politician, Mr Dimitry Kozak, who worked on it). The Kozak Memorandum proposed a new federal structure for Moldova, under which the authorities of the “MRT” would have had a substantial degree of autonomy and guaranteed representation in the new “federal legislature”. The Kozak Memorandum included transitional provisions under which, until 2015, a three-quarters majority in a newly created legislative second chamber, composed of four representatives from Gagauzia, nine from Transdniestria and 13 from the new federal legislature’s first chamber, would have been required to confirm federal organic laws. This would have given the “MRT” representatives in the second chamber an effective veto over any legislation affecting all of Moldova until 2015. On 25 November 2003, having previously indicated his willingness to accept these proposals, Mr Voronin decided not to sign the Kozak Memorandum. E.     Enhanced border and customs controls 28.     In December 2005, a European Union Border Assistance Mission was established to help combat illegal trade between Ukraine and Moldova. In March 2006 Ukraine and Moldova began implementing a 2003 customs agreement under which Transdniestrian companies engaged in cross-border trade had to register in Chişinău in order to be issued documents indicating the goods’ country of origin, in accordance with World Trade Organisation protocols. Ukraine undertook to refuse to permit goods without such export documents to pass across its border. 29.     In what was seen as a response to these new customs measures, Transdniestrian representatives refused to continue with the 5+2 talks. Furthermore, in February and March 2005, “in response to the course of action taken by the Moldovan Government aimed at worsening the situation around Transdniestria”, the Russian Duma adopted resolutions asking the Russian Government to introduce an import ban on Moldovan alcohol and tobacco products; to export energy to Moldova (except Transdniestria) at international rates; and to require visas for Moldovan nationals visiting Russia, except residents of Transdniestria. 30.     In April 2005 the Russian authorities banned imports of meat products, fruits and vegetables from Moldova, on the ground that domestic hygiene standards had not been complied with in the production of these products. Between March 2006 and November 2007 a ban was placed on importation of Moldovan wine. The International Monetary Fund found that these measures had a combined negative effect on Moldova’s economic growth of 2-3% annually in 2006-2007. 31.     In January 2005 Mr Viktor Yushchenko was elected President in Ukraine. In May 2005 the Ukrainian Government introduced a new proposal for the resolution of the Transdniestrian conflict, “Towards a Settlement through Democratization” (summarized in the report of the Parliamentary Assembly of the Council of Europe: see paragraph 64 below). In July 2005, citing the Ukrainian plan, the Moldovan parliament adopted a law, “On the Basic Principles of a Special Legal Status of Transdniestria”. Formal negotiations resumed in October 2005, with the European Union (“EU”) and the United States of America participating as observers (referred to as “the 5+2 talks”). F.     Russian military equipment and personnel in Transdniestria 32.     On 20 March 1998 an agreement concerning the military assets of the ROG was signed in Odessa by Mr Viktor Chernomyrdin, the Prime Minister of the Russian Federation, and Mr Smirnov, “President of the MRT”. According to the timetable annexed to the agreement, the withdrawal and decommissioning of certain stocks, to be disposed of by explosion or other mechanical process, was to be completed by 31   December 2001. The withdrawal (transfer and decommissioning) of surplus ammunition and other Russian military equipment and personnel not forming part of the peacekeeping forces was planned to take place by 31   December 2002 at the latest.     A number of trainloads of Russian military equipment left Transdniestria between 1999 and 2002. 33.     In October 2001 the Russian Federation and the “MRT” signed a further agreement on the withdrawal of the Russian forces. Under that agreement, in compensation for the withdrawal of part of the Russian military equipment stationed in Transdniestria, the “MRT” was granted a reduction of one hundred million United States dollars (USD) in its debt for gas imported from the Russian Federation, and the transfer to it by the Russian Army of part of its equipment capable of being put to civilian use. 34.     According to an OSCE press release, 29 railway wagons carrying bridge-building equipment and field kitchens were removed from Colbaşna by the Russian authorities on 24   December 2002. The same press release quoted a declaration by the Commander of the ROG, General Boris Sergeyev, to the effect that the latest withdrawals had been made possible by an agreement with the Transdniestrians under which the “MRT” was to receive half of the non-military equipment and supplies withdrawn. General   Sergeyev cited the example of the withdrawal, on 16 December 2002, of 77 lorries, which had been followed by the transfer of 77 Russian military lorries to the Transdniestrians. 35.     According to the evidence heard by the Court in the Ilaşcu case, in 2003 at least 200,000 tonnes of Russian arms and ammunition remained in Transdniestria, mainly at Colbaşna, together with 106 battle tanks, 42 armoured cars, 109 armoured personnel carriers, 54 armoured reconnaissance vehicles, 123 cannons and mortars, 206 anti-tank weapons, 226 anti-aircraft guns, nine helicopters and 1,648 vehicles of various kinds (see the Ilaşcu judgment, cited above, §   131).   In 2003, the OSCE observed and verified the withdrawal from Transdniestria of 11 trains of Russian military equipment and 31 trains loaded with more than 15,000 tons of ammunition. However, the following year, in 2004, the OSCE reported that only one train containing approximately 1,000 tons of ammunition had been removed. 36.     Since 2004 there have been no verified withdrawals of any Russian arms or equipment from Transdniestria.   The Court found in Ilaşcu that, at the end of 2004, approximately 21,000 metric tons of ammunition remained, together with more than 40,000 small arms and light weapons and approximately ten trainloads of miscellaneous military equipment. In November 2006, a delegation from the OSCE were allowed access to the ammunition stores and reported that over 21,000 tons of ammunition remained stored there (see paragraph 68 below).   The Commander of the ROG reported in May 2005 that surplus stocks of 40,000 small arms and light weapons had been destroyed, but no independent observer was allowed access in order to verify these claims. In their observations in the present case, the Russian Government submitted that most of the weapons, ammunition and military property were removed between 1991 and 2003 and that all that remained in the warehouses were shells, hand grenades, mortar bombs and small-arms ammunition. 37.     The parties to the present case agreed that approximately 1,000 Russian servicemen were stationed in Transdniestria to guard the arms store. In addition, the parties agreed that there were approximately 1,125 Russian soldiers stationed in the Security Area as part of the internationally agreed peace-keeping force. The Security Area was 225 km long and 12-20 km wide. G.     Alleged Russian economic and political support for the “MRT” 38.     Again, it should be noted that the Russian Government contended that events in Transdniestria prior to the schools crisis were not relevant to the issues in the present case. 39.     In the Ilaşcu judgment the Court found it uncontested that the arms industry, which was one of the pillars of the Transdniestrian economy, was directly supported by Russian firms including the Rosvoorouzhenie (Росвооружение) and Elektrommash companies. The Russian firm Iterra had bought the largest undertaking in Transdniestria, the Râbniţa engineering works, despite the opposition of the Moldovan authorities. In addition, the Russian Army constituted a major employer and purchaser of supplies in Transdniestria. 40.     According to the applicants in the present case, Russia accounted for 18% of the “MRT”‘s exports and 43.7% of its imports, primarily energy. The “MRT” paid for less than 5% of the gas it had consumed. For example, in 2011 Transdniestria consumed USD 505 million worth of gas, but paid for only 4% (USD 20 million). The Russian Government explained that since the “MRT” was not recognised as a separate entity under international law, it could not have its own sovereign debts and Russia did not effect separate gas supplies for Moldova and Transdniestria. The bill for supplying gas to Transdniestria was, therefore, attributed to Moldova. The supply of gas to the region was organised through the Russian public corporation Gazprom and the joint stock company Moldovagaz, which was owned jointly by Moldova and the “MRT”. The debt owed by Moldovagaz to Russia exceeded USD 1.8 billion, of which USD 1.5 billion related to gas consumed in Transdniestria. Gazprom could not simply refuse to supply gas to the region, since it needed pipelines through Moldova to supply the Balkan States. 41.     The applicants further alleged that Russia provided direct humanitarian aid to Transdniestria, mostly in the form of contributions to old-age pensions. The applicants claimed that official Russian sources stated that between 2007 and 2010 the total volume of financial assistance to Transdniestria was USD   55 million. The Moldovan Government submitted that in 2011 the “MRT” received financial aid from Russia totalling USD   20.64 million. The Russian Government submitted that the amount of aid given to Russian citizens living in the region for humanitarian purposes, such as the payment of pensions and assistance with catering in schools, prisons and hospitals, was fully transparent, and could be compared with humanitarian aid provided by the European Union. As well as providing aid to the population living in Transdniestria, Russia provided aid to those living in other parts of Moldova. 42.     In addition, the applicants claimed that some 120,000 individuals living in Transdniestria had been granted Russian citizenship. These included many of the “MRT” leaders. The Court considers that this should be put in the context of the findings of a census carried out in 2004 by the “MRT Government”, which found, in the area under their control, a population of 555,347 people, approximately 32% of whom came from the Moldovan community, 30% of whom were Russian and 29% were Ukrainian, with small percentages of other national and ethnic groups. H.     The schools crisis and the facts concerning the applicants’ cases 43.     According to Article 12 of the MRT “Constitution”, the official languages within the MRT are “Moldavian”, Russian and Ukrainian. Article   6 of the “MRT Law on languages”, which was adopted on 8   September 1992, states that, for all purposes, “Moldavian” must be written with the Cyrillic alphabet. The “law” provides further that use of the Latin alphabet may amount to an offence and Article 200-3 of the “MRT Code of Administrative Offences”, adopted on 19 July 2002, states that: “Failure by persons holding public office and other persons in the executive and State administration, in public associations, as well as in other organisations, regardless of their legal status and form of ownership, and in other entities, situated on the territory of the MRT, to observe MRT’s legislation on the functioning of languages on the territory of MRT ... entails liability in the form of a fine which may amount to 50 (fifty) minimal salaries.” 44.     On 18 August 1994 the “MRT” authorities forbade the use of the Latin script in schools. By a decision of 21 May 1999, the “MRT” ordered that all schools belonging to “foreign States” and functioning on “its” territory had to register with the “MRT” authorities, failing which they would not be recognised and would be deprived of their rights. 45.     On 14 July 2004 the “MRT” authorities began taking steps to close down all schools using the Latin script. At the date of adoption of the admissibility decision, there remained only six schools in Transdniestria using the Moldovan/Romanian language and the Latin script. 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 G