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On 20 March , among other documents concerning a settlement of the situation in Transdniestria, an agreement on questions concerning the military assets of the former Fourteenth Army see paragraph below was signed in Odessa Ukraine.
Please consider this letter confirmation of the right of all persons currently holding the status of USSR representatives to the United Nations to represent the Russian Federation in the organs of the United Nations. Russian companies have taken part in privatisations in Transdniestria.
It it is again emphasised that the gradual withdrawal of Russian armed forces stationed in Transdniestria and the removal of their property will be effected transparently. The Court notes that all the Moldovan witnesses questioned categorically confirmed the active involvement, whether direct or indirect, of the Fourteenth Army, and later of the ROG, in the transfer of weapons to the Transdniestrian separatists.
It is the responsibility of military formations to ensure, both inside their bases and during movements outside, that military objects and property are guarded in the manner prescribed within the Russian Army.
The applicants had only 15 minutes per day for outdoor exercise, in an enclosed area. Mr Petrov-Popa was transferred shortly before the beginning of his trial to Tiraspol no. The Tiraspol garrison headquarters were commanded by Mikhail Bergman.
In March Moldova, the Russian Federation, Ukraine and the region of Transdniestria signed a number of instruments with a view to settling the Transdniestrian conflict. The following witnesses did not appear:
On the merits, they nevertheless acknowledged that the applicants had been detained on the premises of the Fourteenth Army, but asserted that this detention had been of very short duration and that in any event it had been illegal. On the contrary, Fourteenth Army officers had welcomed nearly Cossacks at the beginning of March and armed them.
On the other hand the efforts of the Moldovan authorities were directed more towards diplomatic activity. Armed police and soldiers were present in the hall and on the stage where the judges sat. Transparent implementation of the withdrawal measures can be ensured on a bilateral basis in accordance with the agreements signed between Moldavia and Russia.
He allegedly justified that order in the following terms: The case originated in an application no.
His letter was read out from the rostrum by the President and enabled Parliament to put together the majority required in order to appoint Mr Sturza as Prime Minister. The Court considers that the general principles summarised above see paragraphs to are relevant to examination of the question whether the applicants come within the jurisdiction of the Russian Federation.
The Moldovan Government submitted that the applicants did not at the material time and still do not come within the de facto jurisdiction of Moldova; the application was therefore incompatible ratione personae with the provisions of the Convention. In parallel with that change of strategy, relations were established between the Moldovan authorities and the Transdniestrian separatists.
According to Article 17 of the agreement, with a view to ensuring the withdrawal of the military formations of the Russian Federation from the territory of the Republic of Moldova within the time-limit and their effective deployment in their new stations in the territory of the Russian Federation, the Republic of Moldova is required to contribute a portion of the costs for the construction inside the territory of the Russian Federation of the premises needed for their installation.
On 15 January the President decided to urge Mr Ivantoc under Rule 39 to call off his hunger strike. Subject to technical constraints and the time required to station troops elsewhere, the Russian side will effect the withdrawal of the above-mentioned military formations within three years from the entry into force of the present Agreement.
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However, the Court considers that in the absence of control over Transdniestrian territory by the Moldovan authorities any judicial investigation in respect of persons living in Transdniestria or linked to offences committed in Transdniestria would be ineffectual.
Throughout the clashes between the Moldovan authorities and the Transdniestrian separatists the leaders of the Russian Federation supported the separatist authorities by their political declarations see paragraphs 46, 75, and above.
The Moldovan Government submitted that the applicants did not at the material time and still do not come within the de facto jurisdiction of Moldova; the application was therefore incompatible ratione personae with the provisions of the Convention. In short, the Court notes that the negotiations for a settlement of the situation in Transdniestria, in which the Russian Federation is acting as a guarantor State, have been going on since without any mention of the applicants and without any measure being taken or considered by the Moldovan authorities to secure to the applicants their Convention rights.
In the visits took place from January to March, and again in November. The applicants were detained, except during a few very short periods, alone, each in his own cell, except for Mr Lesco, who was held in solitary confinement only during the first few years.
In short, the Court notes that the negotiations for a settlement of the situation in Transdniestria, in which the Russian Federation is acting as a guarantor State, have been going on since without any mention of the applicants and without any measure being taken or considered by the Moldovan authorities to secure to the applicants their Convention rights.
On 20 March , among other documents concerning a settlement of the situation in Transdniestria, an agreement on questions concerning the military assets of the former Fourteenth Army see paragraph below was signed in Odessa Ukraine. Mr Lesco and Mr Ivantoc acquired Romanian nationality in
Cabral Barreto and Mr B. They were also beaten at other times. There were sometimes incidents, when Transdniestrian guards refused access to Transdniestria.
The Republic of Moldova declares that it will be unable to guarantee compliance with the provisions of the Convention in respect of omissions and acts committed by the organs of the self-proclaimed Trans-Dniester republic within the territory actually controlled by such organs, until the conflict in the region is finally settled.
On one occasion Mr Ilascu was able to have an electrocardiogram; Mr Ivantoc was operated on for liver disease; Mr Petrov-Popa had an injection for his tuberculosis and was prescribed treatment. On a date which has not been specified the Government of the Russian Federation decided to submit this agreement to ratification by the Duma.
Lastly, from to the present a number of proposals for the settlement of the conflict have been put forward and discussed by the President of Moldova, the OSCE and the Russian Federation see paragraphs to above. In Mr Lesco was nevertheless taken to hospital in Tiraspol and operated on for his pancreatitis.
The control commission will complete its work within seven days of signature of the present agreement. The Russian delegation considered that the agreement of 21 July undoubtedly permitted the Russian Federation to transfer to the ROG duties which had been given to the peacekeeping forces and asked the Moldovan delegation to review their position and reconsider the proposals to that effect made by the Russian Minister of Defence.
He explained to them that this is an international problem affecting the honour of the Russian Federation and Moldova. Referring to this book, the applicants mentioned by way of example the destruction of a Moldovan unit by the Fourteenth Army at Chitcani on 30 June and the shelling by the Fourteenth Army of several Moldovan positions at Cosnita, Dubasari, Slobozia and H?
In the present case, in view of the complexity of the factual situation, the Court considers in the first place that the question whether Moldova discharged its positive obligations is closely bound up both with relations between Moldova and the Russian Federation and with relations between Transdniestria and the Russian Federation.
The Tiraspol garrison headquarters were commanded by Mikhail Bergman. In the present case, the areas on the left bank of the Dniester had not been under the control of the constitutional organs of the Republic of Moldova since at least the end of The undertakings given by a Contracting State under Article 1 of the Convention include, in addition to the duty to refrain from interfering with enjoyment of the rights and freedoms guaranteed, positive obligations to take appropriate steps to ensure respect for those rights and freedoms within its territory see, among other authorities, Z.
It was the Parcani battalion which had destroyed the bridges at Dubasari, Gura B? On 4 April the Moldovan President, Mr Snegur, sent a telegram to the heads of State of the member countries of the CIS, to the commander of the combined armed forces of the CIS and the commander of the Fourteenth Army, drawing their attention to the fact that the Fourteenth Army was failing to remain neutral.
The applicants submitted that the responsibility of the Russian Federation was engaged on account of a number of factors. Mr Ilascu was not permitted to speak to the other prisoners or the warders. At the OSCE summit in Istanbul the deadline had been put back to 31 December , and the Russian Federation intended to honour the agreements reached at the summit.
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