CASE OF CATAN AND OTHERS v. THE REPUBLIC OF MOLDOVA AND RUSSIA

Preliminary objection dismissed;Remainder inadmissible;No violation of Article 2 of Protocol No. 1 - Right to education-{general} (Article 2 of Protocol No. 1 - Right to education) (the Republic of Moldova);Violation of Article 2 of Protocol No. 1 - Right to education-{general} (Article 2 of Protocol No. 1 - Respect for parents' philosophical convictions;Right to education) (Russia);Non-pecuniary damage - award

Anatoly Kovler;David Thór Björgvinsson;Dean Spielmann;Egbert Myjer;Françoise Tulkens;Helen Keller;Isabelle Berro-Lefèvre;Ján Šikuta;Josep Casadevall;Karel Jungwiert;Lech Garlicki;Ledi Bianku;Mark Villiger;Mihai Poalelungi;Mirjana Lazarova Trajkovska;Nicolas Bratza

NORP The country which subsequently became GPE was created as the NORP Soviet GPE on DATE from a part of ORG and a strip of land on the eastern bank of ORG see further PERSON v. GPE [ ORG ] , no . DATE , § § DATE , ECHR CARDINAL ... ) . This eastern region , now known as GPE , had since DATE , together with a number of territories which are now part of GPE , been part of the NORP GPE . The population of GPE was originally composed principally of NORP and ORG , but from DATE it was subject to significant immigration by industrial workers from elsewhere in GPE , particularly NORP and NORP . In a census organised by GPE in DATE , the population of GPE was assessed at CARDINAL , composed ethnically and linguistically of PERCENT GPE , PERCENT NORP , PERCENT NORP and PERCENT others .

According to LAW , there were CARDINAL official languages : NORP and “ NORP ” ( NORP / NORP written with the LANGUAGE alphabet ) .

In DATE and DATE the LANGUAGE alphabet was reintroduced in GPE for written NORP , which became the first official language .

On DATE GPE proclaimed its sovereignty ; on CARDINAL DATE it changed its name to GPE ; and on DATE the NORP parliament adopted LAW , whose territory included GPE .

The facts concerning the armed conflict of DATE and the period up to DATE are set out in more detail in GPE and Others v. GPE and GPE [ ORG ] , no . CARDINAL , § § DATE , ORG CARDINALVII and only a summary of the key events is provided here for ease of reference . The ORG notes that in their observations ORG submitted that the facts concerning the armed conflict were not relevant to the issues arising in present case .

From DATE onwards , a movement of resistance to NORP independence had been forming in GPE . On DATE NORP separatists announced the creation of the “ GPE ( the “ FAC ) . On DATE the “ ORG of the FAC ” adopted the “ declaration of independence ” of the “ FAC . On DATE a “ presidential election ” , declared illegal by the NORP authorities , was organised in the NORP provinces and PERSON claimed to have been elected “ President of the FAC ” . To date , the “ FAC has not been recognised by the international community .

At the time of GPE ’s declaration of independence , it did not have its own army . The GPE ’s ORG , whose headquarters had been in GPE DATE , remained on NORP territory , although from DATE onwards equipment and personnel began to be withdrawn . In DATE the CARDINALth Army in GPE was composed of CARDINAL 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 CARDINAL of the largest in LOC at LOC in GPE .

By Decree no . CARDINAL of CARDINAL DATE the President of GPE declared that ammunition , weapons , military transport , military bases and other property belonging to the military units of the NORP armed forces stationed in NORP territory were the property of GPE . This decree was not given effect within GPE .

By a decree dated DATE , Mr PERSON decided to place the military units of ORG deployed in GPE under the command of “ ORG of GPE . Mr PERSON appointed the Commander of the CARDINALth ORG , ORG , as head of the “ TRM ” “ ORG and ORG ” . In DATE ORG was arrested by the NORP authorities , who accused him of helping the NORP separatists to arm themselves by using the weapon stocks of ORG . However , he was subsequently released following the intercession of the Government of GPE .

At DATE and DATE violent clashes broke out between the NORP separatist forces and the NORP security forces , claiming the lives of CARDINAL people .

On DATE , in an appeal to the international community and ORG , ORG protested against the occupation , on DATE , of the NORP towns of PERSON , PERSON , Slobozia , PERSON and PERSON , situated on the left bank of the PERSON , by ORG under the command of ORG . They accused the authorities of the GPE , particularly ORG , of having prompted these acts . The soldiers of the CARDINALth ORG were accused of distributing military equipment to the NORP separatists and organising the separatists into military detachments which were terrorising the civilian population .

In DATE a number of CARDINALth ORG military units joined the NORP separatists . In the ORG judgment the ORG found it established beyond reasonable doubt that NORP separatists were able , with the assistance of ORG personnel , to arm themselves with weapons taken from the stores of ORG stationed in GPE . In addition , large numbers of NORP nationals from outside the region , particularly ORG , went to GPE to fight with the separatists against the NORP forces . Given the support provided to the separatists by the troops of ORG and the massive transfer to them of arms and ammunition from ORG stores , the NORP army was in a position of inferiority that prevented it from regaining control of GPE . On DATE the President of GPE , PERSON PERSON , officially transferred ORG to NORP command , and it thereafter became the “ ORG in the NORP region of GPE ” or “ ROG ” . On DATE ORG , the new Commander of the ROG ordered the NORP forces which had encircled the town of GPE ( PERSON ) , held by the separatists , to withdraw immediately , failing which the NORP army would take counter - measures . In DATE the PERSON launched attacks against the NORP forces , driving them out of some villages from the left bank of the Dniester . In DATE the ORG intervened officially in favour of the separatists who were losing the city of GPE , driving out the NORP forces .

On DATE the President of GPE , PERSON PERSON , and Mr PERSON signed an agreement on the principles for the friendly settlement of the armed conflict in the NORP region of GPE ( “ the ceasefire agreement ” ) .

The agreement introduced the principle of a security zone to be created by the withdrawal of the armies of the “ parties to the conflict ” ( LAW ) . Under LAW agreement , ORG ( “ the ORG ” ) was set up , composed of representatives of GPE , GPE and GPE , with its headquarters in GPE . The agreement also provided for a peacekeeping force charged with ensuring observance of the ceasefire and security arrangements , composed of CARDINAL NORP battalions , CARDINAL NORP battalions and CARDINAL NORP battalions under the orders of a joint military command structure which was itself subordinate to the ORG . Under LAW agreement , the town of GPE was declared a region subject to a security regime and its administration was put in the hands of “ local organs of selfgovernment , if necessary acting together with the control commission ” . The ORG was given the task of maintaining order in GPE , together with the police . DATE required NORP troops stationed in the territory of GPE , to remain strictly neutral . LAW 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 ” ( LAW .

On DATE GPE adopted a new LAW . It provided , inter alia , that GPE was neutral , that it prohibited the stationing in its territory of troops belonging to other GPE and that a form of autonomy might be granted to regions which included some areas on the left bank of the PERSON . According to LAW , the national language was GPE , to be written using the NORP alphabet .

On a number of occasions from DATE onwards the GPE authorities complained that ROG army personnel and the NORP contingent of the ORG ’s peace - keeping force had infringed the principle of neutrality set out in the ceasefire agreement and that , inter alia , NORP had been able to acquire further military equipment and assistance from the ROG . These allegations were firmly denied by the NORP authorities . In addition , the GPE delegation to the ORG alleged that the NORP had created new military posts and customs checkpoints within the security zone , in breach of the ceasefire agreement . In the ORG judgment the ORG found it established , by the evidence contained in the ORG ’s official documents , that in various areas of GPE under the control of the NORP peacekeeping forces , such as GPE , the NORP separatist forces were breaching the ceasefire agreement .

On DATE in GPE , Mr PERSON , the President of GPE , and Mr PERSON , the “ President of the FAC ” , signed a memorandum laying down the basis for the normalisation of relations between GPE and GPE ( “ the DATE Memorandum ” ) . Under the terms of the DATE Memorandum , decisions concerning GPE had to be agreed by both sides , powers had to be shared and delegated and guarantees had to be secured reciprocally . GPE had to be allowed to participate in the conduct of the foreign policy of GPE on questions concerning its own interests to be defined by mutual agreement . GPE 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 GPE and GPE , as guarantors of compliance with the agreements reached , and of ORG ) and ORG ( ORG ) . The DATE Memorandum was countersigned by the representatives of the guarantor States , namely Mr PERSON for GPE and Mr PERSON for GPE , and by PERSON , the President of the LOC .

In DATE the OSCE held its sixth summit at GPE . During the summit , CARDINAL Member GPE signed the Charter for ORG and the Istanbul Summit Declaration and CARDINAL Member States , including GPE and GPE , signed ORG ( “ the adapted ORG treaty ” ) . The adapted ORG treaty set out , inter alia , the principle that foreign troops should not be stationed in GPE territory without GPE consent . GPE ’s agreement to withdraw from GPE ( one of the “ GPE Commitments ” ) was set out in an FAC to the adapted ORG Final Act . In addition , the Istanbul Summit Declaration , at paragraph CARDINAL , recorded inter alia the commitment of GPE to withdraw its forces from GPE by DATE :

“ CARDINAL . Recalling the decisions of the GPE and GPE Summits and Oslo Ministerial Meeting , we reiterate our expectation of an early , orderly and complete withdrawal of NORP troops from GPE . In this context , we welcome the recent progress achieved in the removal and destruction of the NORP military equipment stockpiled in the NORP - Dniestrian region of GPE and the completion of the destruction of nontransportable ammunition .

We welcome the commitment by GPE to complete withdrawal of the NORP forces from the territory of GPE by DATE . We also welcome the willingness of GPE and of the LOC 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 NORP ammunition and armaments . With the purpose of securing the process of withdrawal and destruction , we will instruct ORG to consider the expansion of the mandate of ORG in terms of ensuring transparency of this process and coordination 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 LOC . ”

In DATE , during an OSCE Ministerial Conference in GPE , GPE was granted a DATE extension for the removal of troops , up until DATE .

GPE did not comply with the commitments given at FAC and Lisbon Ministerial Conference to withdraw militarily from GPE before DATE . At ORG in DATE , it was impossible to reach a common position on GPE , and the published statement recorded that :

“ Most Ministers noted the efforts made by GPE to fulfil the commitments undertaken at FAC in DATE to complete the withdrawal of NORP forces from the territory of GPE . They noted that concrete progress was achieved in DATE on the withdrawal / disposal of some ammunition and other military equipment belonging to GPE . They appreciated the efforts of all participating GPE of the ORG that have contributed to ORG established to support this effort . They were , however , deeply concerned that the withdrawal of the NORP forces will not be completed by DATE . They stressed the need for the fulfilment of this commitment without further delay . ”

The Member States of ORG ( ORG ) have refused to ratify the adapted ORG until GPE has complied with LAW .

In DATE , ORG were successful in elections and became the governing ORG in GPE . The new President of GPE , PERSON , entered into direct negotiation with GPE over the future of GPE . In DATE , ORG put forward a settlement proposal , the “ Memorandum on ORG of the GPE ” ( referred to as the “ PERSON Memorandum ” , after the NORP politician , Mr PERSON , who worked on it ) . The Kozak Memorandum proposed a new federal structure for GPE , under which the authorities of the “ FAC would have had a substantial degree of autonomy and guaranteed representation in the new “ federal legislature ” . The PERSON Memorandum included transitional provisions under which , until DATE , a DATE majority in a newly created legislative second chamber , composed of CARDINAL representatives from GPE , CARDINAL from GPE and CARDINAL from the new federal legislature ’s first chamber , would have been required to confirm federal organic laws . This would have given the “ FAC representatives in the second chamber an effective veto over any legislation affecting all of GPE until DATE . On DATE , having previously indicated his willingness to accept these proposals , PERSON decided not to sign the Kozak Memorandum .

In DATE , a ORG was established to help combat illegal trade between GPE and GPE . In DATE GPE and GPE began implementing a DATE customs agreement under which NORP companies engaged in cross - border trade had to register in PERSON in order to be issued documents indicating the FAC country of origin , in accordance with ORG protocols . GPE undertook to refuse to permit goods without such export documents to pass across its border .

In what was seen as a response to these new customs measures , NORP representatives refused to continue with the CARDINAL + CARDINAL talks . Furthermore , in DATE , “ in response to the course of action taken by ORG aimed at worsening the situation around GPE ” , the Russian Duma adopted resolutions asking ORG to introduce an import ban on NORP alcohol and tobacco products ; to export energy to GPE ( except GPE ) at international rates ; and to require visas for NORP nationals visiting GPE , except residents of GPE .

NORP In DATE the NORP authorities banned imports of meat products , fruits and vegetables from GPE , on the ground that domestic hygiene standards had not been complied with in the production of these products . DATE and DATE a ban was placed on importation of GPE wine . ORG found that these measures had a combined negative effect on GPE ’s economic growth of PERCENT DATE in DATE .

In DATE Mr PERSON was elected President in GPE . In DATE ORG introduced a new proposal for the resolution of the NORP conflict , “ Towards a Settlement through Democratization ” ( summarized in the report of ORG of ORG : see paragraph CARDINAL below ) . In DATE , citing the NORP plan , the NORP parliament adopted a law , “ On LAW . Formal negotiations resumed in DATE , with ORG ( “ ORG ” ) and GPE participating as observers ( referred to as “ the CARDINAL + CARDINAL talks ” ) .

On DATE an agreement concerning the military assets of the ROG was signed in GPE by Mr PERSON , the Prime Minister of GPE , and PERSON , “ President of the FAC ” . 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 DATE . The withdrawal ( transfer and decommissioning ) of surplus ammunition and other NORP military equipment and personnel not forming part of the peacekeeping forces was planned to take place by DATE at the latest . A number of trainloads of NORP military equipment left GPE DATE .

In DATE GPE and the “ FAC signed a further agreement on the withdrawal of the NORP forces . Under that agreement , in compensation for the withdrawal of part of the NORP military equipment stationed in GPE , the “ FAC was granted a reduction of MONEY ( ORG ) in its debt for gas imported from GPE , and the transfer to it by ORG of part of its equipment capable of being put to civilian use .

According to an OSCE press release , CARDINAL railway wagons carrying bridge - building equipment and field kitchens were removed from PERSON by the NORP authorities on DATE . The same press release quoted a declaration by the Commander of the ORG , General PERSON , to the effect that the latest withdrawals had been made possible by an agreement with the NORP under which the “ MRT ” was to receive CARDINAL of the non - military equipment and supplies withdrawn . General PERSON cited the example of the withdrawal , on DATE , of CARDINAL lorries , which had been followed by the transfer of CARDINAL NORP military lorries to the NORP .

According to the evidence heard by ORG in the ORG case , in DATE CARDINAL tonnes of NORP arms and ammunition remained in GPE , mainly at PERSON , together with CARDINAL battle tanks , CARDINAL armoured cars , CARDINAL armoured personnel carriers , CARDINAL armoured reconnaissance vehicles , QUANTITY and mortars , CARDINAL anti - tank weapons , CARDINAL anti - aircraft guns , CARDINAL helicopters and CARDINAL vehicles of various kinds ( see the ORG judgment , cited above , § CARDINAL ) . In DATE , the LOC observed and verified the withdrawal from GPE of CARDINAL trains of NORP military equipment and CARDINAL trains loaded with QUANTITY of ammunition . However , DATE , in DATE , the LOC reported that CARDINAL train containing QUANTITY of ammunition had been removed .

Since DATE there have been no verified withdrawals of any NORP arms or equipment from GPE . ORG found in ORG that , at DATE , QUANTITY of ammunition remained , together with CARDINAL small arms and light weapons and approximately QUANTITY of miscellaneous military equipment . In DATE , a delegation from the OSCE were allowed access to the ammunition stores and reported that QUANTITY of ammunition remained stored there ( see paragraph CARDINAL below ) . The Commander of the ROG reported in DATE that surplus stocks of CARDINAL 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 , ORG submitted that most of the weapons , ammunition and military property were removed DATE and that all that remained in the warehouses were shells , hand grenades , mortar bombs and small - arms ammunition .

The parties to the present case agreed that CARDINAL NORP servicemen were stationed in GPE to guard the arms store . In addition , the parties agreed that there were CARDINAL NORP soldiers stationed in LOC as part of the internationally agreed peace - keeping force . ORG was QUANTITY long and QUANTITY wide .

Again , it should be noted that ORG contended that events in GPE prior to the schools crisis were not relevant to the issues in the present case .

In the ORG judgment the ORG found it uncontested that the arms industry , which was CARDINAL of the pillars of the NORP economy , was directly supported by NORP firms including the PERSON ( PERSON ) and Elektrommash companies . The NORP firm ORG had bought the largest undertaking in GPE , the FAC engineering works , despite the opposition of the NORP authorities . In addition , ORG constituted a major employer and purchaser of supplies in GPE .

According to the applicants in the present case , GPE accounted for PERCENT of the “ MRT”‘s exports and PERCENT of its imports , primarily energy . The “ FAC paid for PERCENT of the gas it had consumed . For example , in DATE GPE consumed MONEY worth of gas , but paid for PERCENT ( MONEY ) . ORG explained that since the “ FAC was not recognised as a separate entity under international law , it could not have its own sovereign debts and GPE did not effect separate gas supplies for GPE and GPE . The bill for supplying gas to GPE was , therefore , attributed to GPE . The supply of gas to the region was organised through the NORP public corporation ORG and the joint stock company PERSON , which was owned jointly by GPE and the “ FAC . The debt owed by PERSON to GPE exceeded MONEY , of which MONEY related to gas consumed in GPE . ORG could not simply refuse to supply gas to the region , since it needed pipelines through GPE to supply GPE .

The applicants further alleged that GPE provided direct humanitarian aid to GPE , mostly in the form of contributions to old - age pensions . The applicants claimed that official NORP sources stated that DATE the total volume of financial assistance to GPE was MONEY . ORG submitted that in DATE the “ FAC received financial aid from GPE totalling MONEY . ORG submitted that the amount of aid given to NORP 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 ORG . As well as providing aid to the population living in GPE , GPE provided aid to those living in other parts of GPE .

In addition , the applicants claimed that CARDINAL individuals living in GPE had been granted NORP citizenship . These included many of the “ FAC leaders . ORG considers that this should be put in the context of the findings of a census carried out in DATE by the “ FAC ” , which found , in the area under their control , a population of CARDINAL people , PERCENT of whom came from the NORP community , PERCENT of whom were NORP and PERCENT were NORP , with small percentages of other national and ethnic groups .

According to LAW ” , the official languages within the FAC are “ NORP ” , NORP and GPE . Article CARDINAL of the “ FAC on languages ” , which was adopted on DATE , states that , for all purposes , “ NORP ” must be written with the NORP alphabet . The “ law ” provides further that use of the LANGUAGE alphabet may amount to an offence and LAW FAC ” , adopted on DATE , states that :

“ Failure by persons holding public office and other persons in the executive and ORG 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 FAC , to observe FAC legislation on the functioning of languages on the territory of FAC ... entails liability in the form of a fine which may amount to CARDINAL ( CARDINAL ) minimal salaries . ”

On DATE the “ FAC authorities forbade the use of the NORP script in schools . By a decision of CARDINAL DATE , the “ FAC ordered that all schools belonging to “ foreign GPE ” and functioning on “ its ” territory had to register with the “ FAC authorities , failing which they would not be recognised and would be deprived of their rights .

On DATE the “ FAC authorities began taking steps to close down all schools using the NORP script . At the date of adoption of the admissibility decision , there remained CARDINAL schools in GPE using the NORP / NORP language and the NORP script .

The applicants are CARDINAL children who were studying at ORG in GPE during the period in question and CARDINAL parents ( see the annex to this judgment ) .

From DATE ORG used LOC situated on FAC built with NORP public funds . The school was registered with ORG and was using the NORP script and a curriculum approved by that Ministry .

Following the “ FAC decision ” of CARDINAL DATE ( see paragraph CARDINAL above ) , PERSON School refused to register , since registration would require it to use the NORP script and the curriculum devised by the “ FAC ” regime . On DATE the building used by the school was transferred by the “ FAC authorities to the “ ORG ” . In DATE , following a number of closures of LANGUAGE - script schools within the “ FAC , the pupils , parents and teachers of ORG took it upon themselves to guard DATE and night . On DATE NORP police stormed the school and evicted the women and children who were inside it . Over the following days local police and officials from the “ ORG 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 “ FAC 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 .

DATE . On DATE , and following the intervention of the OSCE Mission to GPE , the school was able to register with the “ ORG ” as a foreign institution of private education , but could not resume its activity for lack of LOC . On DATE the “ FAC ” regime allowed the school to reopen in another building , which had previously housed DATE . The building is rented from the “ FAC and ORG has paid for it to be refurbished . The school ’s repeated requests to be allowed to return to the building situated on FAC , 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 ORG , which pays the ORG salaries and provides educational material . It uses the NORP alphabet and a GPE curriculum .

The applicants filed a number of petitions and complaints with the authorities of GPE . ORG of GPE replied by making public general statements about the escalation of the conflict around the NORP / LANGUAGE - language schools in GPE . Stating that the underlying problem was the ongoing conflict between GPE and the “ FAC , ORG drew the attention of GPE and the “ FAC to the fact that the use of force to solve the conflict could endanger security in the region and urged them to use various types of negotiations in order to solve the conflict . The applicants also complained about their situation to the GPE authorities .

The school became the target of a systematic campaign of vandalism , including broken windows . The applicants allege that this campaign started in DATE ; ORG claim that it started in DATE . On DATE ORG asked the Special Representative of the Secretary General of ORG to intervene to try and bring an end to the attacks . The applicants also allege that the children were intimidated by the local NORP - speaking population and were afraid to speak PERSON outside the school .

On DATE ORG sought the assistance of LOC in transporting educational and construction material and money for ORG salaries across the “ border ” with the “ FAC .

There were CARDINAL pupils at the school during DATE . During DATE that number had fallen to CARDINAL .

The applicants are CARDINAL children who were studying at PERSON cel ORG in GPE , PERSON during the period in question and CARDINAL parents , ( see the annex ) . The school had been using LOC situated on FAC built with NORP public funds and rented for it by the GPE authorities . The school was registered with ORG and was therefore using the NORP script and a curriculum approved by ORG .

On DATE , the “ ORG for Education ” warned the school that it would be closed down if it did not register with them , and that disciplinary measures would be taken against the head teacher . On DATE the school was disconnected from electricity and water supplies and on DATE the school administration was notified that it could no longer use the LOC on FAC . However , teachers , pupils and parents occupied the building , refusing to leave . NORP police tried unsuccessfully to reoccupy the LOC , and eventually surrendered the building . They withdrew on DATE . On DATE , and following various negotiations with international observers , including representatives of ORG , the school was reconnected to water and electricity .

The “ FAC regime allowed the school to reopen in DATE , but in different premises , rented from the “ FAC authorities . The school is currently using CARDINAL buildings , located in separate districts of the town . The main building has no cafeteria , science or sports facilities and can not be reached by public transport . ORG provided the school with a bus and computers . They also paid for the refurbishment of the sanitary facilities in CARDINAL of the buildings .

The applicants have filed a number of petitions and complaints with the NORP and GPE authorities .

There were DATE pupils at the school in DATE and CARDINAL in DATE .

The applicants are CARDINAL children who were studying at ORG in Grigoriopol during the relevant period and CARDINAL parents ( see the attached annex ) .

In DATE , at the request of the parents and their children , the school , which was using a LANGUAGE alphabet curriculum , filed a number of petitions with the “ FAC regime requesting to be allowed to use the NORP script . As a result , DATE , the “ FAC ” orchestrated a campaign of hostile press reports , intimidation and threats by security forces . These measures reached a climax on DATE when NORP police stormed the school and evicted the teachers , the pupils and their parents who were inside it . On DATE the President of ORG was arrested and subsequently sentenced to CARDINAL days’ administrative imprisonment . Following these incidents , CARDINAL pupils left the school .

Faced with the occupation of the building by the “ FAC regime , ORG decided that the school should be transferred temporarily to a building in GPE , a village QUANTITY from GPE and which is under NORP control . Each day , pupils and teachers were taken to PERSON in buses provided by ORG . They were subjected to bag searches and identity checks by “ FAC officials and also , allegedly , acts of harassment such as spitting and verbal abuse .

Representatives of the school filed a number of petitions and complained about this situation to the LOC , ORG , as well as to the NORP and GPE authorities . The NORP authorities replied by urging both GPE and “ FAC to use various types of negotiations in order to solve the conflict . The GPE authorities informed the applicants that they could do nothing further to help .

There were CARDINAL pupils at the school in DATE and CARDINAL in DATE .

On DATE ORG ) of ORG of ORG PACE ) issued a report on “ The functioning of the democratic Institutions in GPE ” . The section devoted to GPE reads as follows :

“ DATE . Major new developments have occurred during DATE which the ORG has to follow very closely and accompany in the best possible way .

Following intense diplomatic contacts between GPE and GPE , at LOC in GPE on DATE the NORP President PERSON announced a CARDINAL-point initiative to settle the PERSON issue . ...

The main thrust of this new plan is to achieve a long - lasting solution through the democratisation of GPE . This would entail :

– the creation of conditions for the development of democracy , civil society , and a multi - party system in GPE ;

– holding of free and democratic elections to ORG , monitored by ORG , the OSCE , ORG , GPE , GPE , and other democratic countries including GPE ;

– the transformation of the current format of peacekeeping operation into an international mission of military and civil observers under the aegis of the LOC and the expansion of the number of NORP military observers in the region ;

– admission by NORP authorities of an international monitoring mission , to include NORP experts , to military - industrial enterprises in the NORP region ;

– a short - term LOC monitoring mission in GPE to verify the movement of goods and persons through the NORP - Moldovan border .

The full text of the NORP plan was presented on DATE May at a meeting of the representatives of the mediators and GPE and GPE in GPE , GPE after the NORP Secretary of ORG PERSON and NORP presidential aide PERSON spent DATE doing ‘ shuttle diplomacy’ .

The reactions were varied but cautiously positive .

On DATE ORG adopted a ‘ LAW on the NORP initiative of settlement of PERSON as well as CARDINAL appeals , on demilitarisation and on promoting the criteria of democratisation of the PERSON region of GPE ....

The declaration welcomed the initiative of President PERSON , hoping that it would become ‘ a major factor in the achievement by GPE of its territorial and civil unity’ . The parliament however regretted that the NORP initiative did not reflect some important principles of settlement , in the first place the withdrawal of NORP troops ; demilitarisation ; the principles and conditions of the region ’s democratisation and the establishing of a transparent and legal control over the PERSON segment of the NORP - Ukrainian border . It called for additional efforts by the international community and GPE in this respect .

The parliament also criticised a number of provisions which might ‘ infringe upon the sovereignty of GPE , such as the co - participation of GPE in the conduct of foreign policy of GPE and the proposal to create the so - called conciliation committee . The ORG insisted on resolving the conflict within the framework of LAW through dialogue with a new , democratically elected , PERSON leadership . There are thus a number of divergences between the NORP initiative and the approach to implementing it chosen by GPE .

The mediators in the PERSON conflict ( the LOC , GPE and GPE ) stated that the plan provided a concrete impetus toward achieving a settlement . At all of their latest meetings they called for resuming direct , continuing dialogue on resolution of the conflict .

More delicate is the position of GPE . It is clear that through its military and economic presence and thanks to the strong cultural and linguistic links with GPE , GPE would like to retain its strong influence over the territory . The press recently reported the existence of an ‘ Action plan of retaining NORP influence in LOC , details of which are kept secret . GPE is still strongly attached to the so - called ‘ PERSON of DATE , which proposed to GPE a federal solution . GPE had nearly accepted the plan ; it refused to sign it at TIME , allegedly under Western influence .

Over DATE , there have been several signs of tension . For instance , on DATE the NORP Federation State PERSON adopted with a large majority a resolution requesting from the NORP government a number of economic and other sanctions against GPE , with the exclusion of GPE , if the NORP authorities did not change their ‘ economic blockade of Transdniestria.’ The sanctions included a ban on imports of NORP alcohol and tobacco , world market prices for exports of NORP natural gas to GPE and visas for PERSON entering GPE .

Both appeals adopted by the NORP parliament called on ORG for support and , concerning the democratisation of GPE , to engage actively in the process . During our visit in GPE our interlocutors repeatedly stressed the importance they attached to the expertise and experience of our organisation in this respect . The documents adopted by ORG were officially submitted by its Speaker to ORG ‘ for examination in the framework of the GPE ’s monitoring GPE and for ‘ analysis , comments and recommendations , as well as ideas of ORG that could contribute to the democratisation of the PERSON region and final settlement of the ORG .

At the first sight , the plan should be followed closely by ORG , as the leading organisation in the field of democracy , human rights and rule of law . The ORG has therefore entrusted us with the responsibility of visiting GPE , GPE , GPE and GPE in order to meet the main figures responsible for the NORP plan and get acquainted with all its details . On the basis of this information we will make specific proposals for the ORG to play an effective part in the plan ’s progress .

A number of questions remain about the implementation of the NORP plan and the conditions set by the NORP parliament . However , against the background of all the failed diplomatic attempts , it has CARDINAL strong advantage . It combines diplomatic efforts with specific measures for democratisation , in GPE but also in GPE , which must serve as an example . The initiative also comes at the right moment , as it coincides with a major strive for democratisation and NORP integration in the entire region .

Not only GPE , whose territorial integrity and sovereignty have been violated , but LOC as a whole can no longer afford to have this ‘ black hole’ on its territory . PERSON is a centre of all kinds of illicit trade and , in the first place arms trafficking and all forms of smuggling . Political life continues to be dominated by the secret police ; fundamental freedom and liberties are curtailed .

CARDINAL of the most difficult elements appears to be the possibility to organise democratic elections in GPE . For this the region needs to have freely functioning political parties , media and civil society . The DATE local elections in GPE ( to elect village , settlement , city and district councils , as well as the chairmen of village and settlement councils ) showed that real strong opposition is still missing . These elections by the way were considered as a test for the scheduled DATE elections for ORG .

However , there are some interesting developments , especially concerning a group of ORG members led by the Deputy Speaker PERSON . On DATE this group initiated ambitious draft changes to the PERSON ‘ ORG aiming at reinforcing this ‘ ORG ’s role vis - à - vis the ‘ president’ and the executive DATE for instance by granting it the right to a no - confidence vote on ‘ ORG and other officials appointed by the ‘ president’ , or the right to control the work and the spending of the executive . Some more modest changes , as well as a draft law on local administration , stipulating that the chairmen of raion [ district ] and city councils have to be elected by the councils by secret vote , were adopted on DATE at first reading . Mr Shevchuk is also promoting a legislative initiate to transform the regional official ‘ TV PMR’ into a public broadcasting institution .

On DATE ORG recommended that ‘ president’ Smirnov dismiss the ‘ minister’ of justice PERSON . PERSON , who is one the closest allies of the ‘ president’ , recently decided to transfer registration functions from his ‘ ORG to a quasi - commercial ‘ chamber of GPE

On DATE the NORP parliament approved in CARDINAL readings the PERSON on LAW on GPE ( GPE ) . The law established an autonomous territorial unit which is an inseparable part of GPE and – within the plenary powers established under LAW and legislation of GPE – decides on questions within its jurisdiction . The law stipulates that populated localities on the left bank of the ORG may join GPE or secede from it on the basis of local referenda and in conformity with the NORP legislation . ”

In the light of this report , PACE adopted a resolution in which it resolved , inter alia , that :

“ CARDINAL . The ORG welcomes the resumption of negotiations following GPE ’s optimistic initiative of settling the PERSON conflict by giving priority to democratisation . It hopes that the current CARDINAL - member format , involving GPE , the PERSON region , GPE , GPE and the LOC , will be extended to include also ORG . It emphasises the need for effective supervision of the border between GPE and GPE , arms stocks and the production of armaments factories . Given their accumulated expertise , the ORG wishes its rapporteurs to be associated with all these developments .

Any settlement of the PERSON conflict must be based on the inviolable principle of full respect for GPE ’s territorial integrity and sovereignty . In accordance with the rule of law , any solution must accord with the popular will as expressed in fully free and democratic elections run by internationally recognised authorities . ”

In its DATE Report for DATE , the LOC referred to events in GPE as follows :

“ ... The most disruptive development , however , was the NORP decision in DATE to close the NORP schools in NORP territory teaching in NORP script . In response , the NORP side suspended its participation in the CARDINAL - sided political settlement negotiations .

Together with co - mediators from GPE and GPE , the LOC went to extraordinary lengths from DATE well into DATE to ameliorate the school crisis and to find and implement a solution . The LOC also sought to defuse tensions between the sides concerning freedom of movement , farmlands , and railways . ”

In DATE the ORG also observed that :

“ CARDINAL train containing QUANTITY of ammunition was removed from ORG depots in GPE in DATE . QUANTITY of ammunition remain to be removed , together with CARDINAL small arms and light weapons and approximately QUANTITY of miscellaneous military equipment . The LOC continued to co - ordinate technical and financial assistance to GPE for these activities . ”

The DATE Annual Report stated :

“ The Mission concentrated its efforts on restarting the political settlement negotiations , stalled since DATE . The mediators from GPE , GPE , and the LOC held consultations with representatives from GPE and PERSON in DATE , DATE and DATE . At the DATE meeting , GPE introduced President PERSON ’s settlement plan , ORG . This initiative envisages democratization of the NORP region through internationally conducted elections to the regional legislative body , along with steps to promote demilitarization , transparency and increased confidence .

In DATE , ORG , citing ORG , adopted a law On LAW . During consultations in DATE in GPE , GPE and PERSON agreed to invite the GPE and GPE to participate as observers in the negotiations . Formal negotiations resumed in an enlarged format in DATE after a DATE break and continued in DATE following ORG in GPE . On DATE , the Presidents of GPE and GPE , PERSON and PERSON , issued a Joint Statement welcoming the resumption of negotiations on the settlement of the NORP conflict .

In DATE , PERSON and PERSON jointly requested the ORG Chairman - in - Office to consider sending ORG ) to analyse democratic conditions in GPE and necessary steps for conducting democratic elections in the region . In parallel , LOC conducted technical consultations and analyses on basic requirements for democratic elections in the NORP region , as proposed in the Yushchenko Plan . At the DATE negotiating round , the OSCE Chairmanship was asked to continue consultations on the possibility of organizing an IAM to the NORP region .

Together with military experts from GPE and GPE , ORG completed development of a package of proposed confidence- and securitybuilding measures , which were presented by the CARDINAL mediators in DATE . The Mission subsequently began consultations on the package with representatives of GPE and PERSON . The DATE 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 NORP military withdrawal , the LOC observed :

“ There was no withdrawal of NORP arms and equipment from the NORP region during DATE . QUANTITY of ammunition remain to be removed . The commander of ORG reported in DATE that surplus stocks of CARDINAL small arms and light weapons stored by NORP forces in the NORP region have been destroyed . The LOC has not been allowed to verify these claims . ”

DATE . In DATE , the LOC reported as follows :

“ The CARDINAL September ‘ independence’ referendum and the DATE ‘ presidential’ elections in GPE – 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 DATE documents that suggested : a possible delimitation of competencies between central and regional authorities ; a mechanism for monitoring factories in the PERSON militaryindustrial complex ; a plan for the exchange of military data ; and an assessment mission to evaluate conditions and make recommendations for democratic elections in GPE . The PERSON side , however , refused to continue negotiations after the DATE introduction of new customs rules for PERSON exports , and thus no progress could be made including on these projects . Attempts to unblock this stalemate through consultations among the mediators ( ORG , GPE and GPE ) and the observers ( ORG and GPE ) in DATE , DATE and DATE and consultations of the mediators and observers with each of the sides separately in DATE were to no avail . ...

On DATE , a group of CARDINAL ORG , along with ORG members gained access for the first time since DATE to the GPE ammunition depot in GPE , near the NORP - Ukrainian border in northern GPE . There were no withdrawals , however , of NORP ammunition or equipment from GPE during DATE , and QUANTITY of ammunition remain stored in the region ... ”

The Annual Report for DATE stated :

“ The mediators in the PERSON settlement process , GPE , GPE and the LOC , and the observers , ORG and GPE , met CARDINAL times . The mediators and observers met informally with the NORP and PERSON sides once , in DATE . All meetings concentrated on finding ways to restart formal settlement negotiations , which have nonetheless failed to resume . ...

The Mission witnessed that there were no withdrawals of NORP ammunition or equipment during DATE . ORG retains sufficient resources to complete the withdrawal tasks . ”

In DATE , the LOC observed :

“ NORP President PERSON and PERSON leader PERSON met in DATE for the first time in DATE and followed up with another meeting on DATE . Mediators from the LOC , GPE and GPE and observers from ORG and GPE met CARDINAL times . Informal meetings of the sides with mediators and observers took place CARDINAL times . These and additional shuttle diplomacy efforts by the Mission notwithstanding , formal negotiations in the ‘ CARDINAL + CARDINAL’ format were not resumed . ...

There were no withdrawals of NORP ammunition or equipment from the ORG region during DATE . ORG retains sufficient resources to complete withdrawal tasks . ”

In its report dated DATE , “ GPE : Regional Tensions over GPE ” ( LOC Report no . CARDINAL ) , ORG ( ORG ) found as follows ( extract from ORG ) :

“ GPE ’s support for the self - proclaimed and unrecognised GPE ( ORG ) has prevented resolution of the conflict and inhibited GPE ’s progress towards broader integration into NORP political and economic structures . In its recent and largely unilateral attempts to resolve the NORP conflict , GPE has demonstrated almost a Cold War mindset . Despite comforting rhetoric regarding ORG ( ORG ) relations and NORP - GPE cooperation on conflict resolution and peacekeeping within ORG of the former GPE ( ORG ) , old habits appear to die hard . GPE remains reluctant to see the GPE , GPE or ORG ) play an active role in resolving the conflict because GPE is still viewed by many in GPE as a sphere of exclusively NORP geopolitical interest .

It has not been difficult for GPE to exploit GPE ’s political and economic instability for its own interests . Despite having accepted concrete deadlines for withdrawing its troops , GPE has repeatedly back - pedalled while trying to force through a political settlement that would have ensured , through unbalanced constitutional arrangements , continued NORP influence on NORP policymaking and prolongation of its military presence in a peacekeeping guise . It has so far been unwilling to use its influence on the ORG [ “ FAC ] leadership to promote an approach to conflict resolution that balances the legitimate interests of all parties .

NORP and NORP business circles have become adept at using the parallel ORG economy to their own ends , regularly participating in re - export and other illegal practices . Some have used political influence to prevent , delay , and obstruct decisions which could have put pressure on the ORG leadership to compromise . These include abolition of tax and customs regulations favourable to the illegal re - export business , enforcement of effective border and customs control , and collection of customs and taxes at internal ‘ borders’ .

With backing from NORP , NORP and NORP economic elites , the ORG leadership has become more assertive . Recognising that international recognition is unlikely , it has focused on preserving de facto independence through a loose confederation with GPE . Unfortunately , ORG leaders - taking advantage of contradictions in the tax and customs systems of GPE and the ORG - continue to draw substantial profits from legal and illegal economic activities including re - exports , smuggling and arms production .

The ORG has become a self - aware actor with its own interests and strategies , possessing a limited scope for independent political manoeuvre but an extensive web of economic and other links across GPE , GPE , and GPE . However , it remains heavily dependent on NORP political and economic support and does not like to put itself in a position where it must act counter to NORP policy . NORP and ORG interests often overlap but in some instances ORG leaders have been able to design and implement strategies to avoid NORP pressure , delay negotiations , obstruct NORP initiatives , and undermine NORP policies by playing up disagreements between the co - mediators and capitalising on alternative sources of external support .

GPE ’s most recent attempt to enforce a settlement - the Kozak Memorandum in DATE and DATE - has shown that its influence , while pervasive , has clear limits . GPE is unable to push through a settlement without the support of GPE and the international community , especially key players such as the LOC , ORG , and ORG comprehensive political settlement requires an approach that can bridge the differences between GPE and other key international actors while fairly considering the interests of both the NORP government and the ORG .

Despite an understanding that GPE should not be antagonised , the gravitational pull of NORP integration is strong in GPE . Recently , even its communist leadership has stressed the need to do more to achieve that goal . The country has rarely been on NORP radar screens during DATE , however , and it will need more demonstrable GPE and GPE backing if it is to resist NORP political and material support for the ORG and NORP obstruction of the negotiation process . International actors must also help GPE to secure its own borders against the illicit economic activities which keep GPE afloat and affect its NORP neighbours as well .

The conflict can only be resolved if the international community uses its influence on GPE bilaterally and within the LOC . Only then , and with a substantially more determined commitment to political , economic and administrative reform on its own part , will GPE be able to realise its NORP aspirations . A comprehensive strategy towards GPE , GPE and GPE within the ORG ’s LOC would be a critical first step . ”

In its report of CARDINAL DATE , “ GPE ’s Uncertain Future ” ( LOC Report no . CARDINAL ) , the ORG observed ( extract from ORG ) :

“ With GPE ’s expected entry into ORG in DATE , the ORG will share a border with GPE , a weak state divided by conflict and plagued by corruption and organised crime . GPE ’s leadership has declared its desire to join the ORG , but its commitment to NORP values is suspect , and efforts to resolve its dispute with the breakaway region of GPE have failed to end a damaging stalemate that has persisted for DATE . Young people have little confidence in the country ’s future and are leaving at an alarming rate . If GPE is to become a stable part of the ORG ’s neighbourhood , there will need to be much greater international engagement , not only in conflict resolution but in spurring domestic reforms to help make the country more attractive to its citizens .

CARDINAL recent initiatives by the ORG and GPE gave rise to hopes that the balance of forces in the separatist dispute had changed significantly . An FAC ( EUBAM ) launched in DATE has helped curb smuggling along the NORP segment of the GPE - GPE frontier , a key source of revenue for the authorities in PERSON , the NORP capital . At the same time , GPE ’s implementation of a landmark customs regime to assist GPE in regulating NORP exports has reduced the ability of businesses in the breakaway region to operate without GPE oversight , striking a major psychological blow .

But optimism that these measures would ultimately force GPE to make diplomatic concessions appears to have been false . Although ORG has had significant success , particularly given its small size and budget , widespread smuggling continues . Nor has the NORP customs regime had a decisive effect on NORP businesses , which remain capable of profitable legal trade as they were in the past . Moreover , domestic political uncertainty has raised questions about whether GPE will continue to enforce the new regulations .

GPE has increased its support for GPE , sending economic aid and taking punitive measures against GPE , including a crippling ban on wine exports , CARDINAL of its main revenue sources . GPE refuses to withdraw troops based in GPE since NORP times whose presence serves to preserve the status quo . With NORP support , the NORP leader , PERSON , has little incentive to compromise in his drive toward independence . The internationally - mediated negotiations between the CARDINAL parties are going nowhere , despite the presence since DATE of the GPE and GPE as observers . Although some understanding had been reached about the level of autonomy in a settlement , GPE has hardened its position to match GPE ’s intransigence . ”

In its report entitled “ Freedom in the World DATE ” , ORG commented , inter alia :

“ GPE rejected a NORP - backed federalization plan in DATE after it drew public protests . The latest round of formal multilateral talks collapsed in DATE , and PERSON referendum voters in DATE overwhelmingly backed a course of independence with the goal of eventually joining GPE , although the legitimacy of the vote was not recognized by GPE or the international community .

In the absence of active CARDINAL + CARDINAL negotiations , PERSON pursued bilateral talks with GPE and took a number of steps to bring GPE ’s foreign policy into line with the ORG ’s . For much of DATE , he urged GPE to accept a proposal whereby PERSON would receive substantial autonomy within GPE , a strong and unitary presence in ORG , and the right to secede if GPE were to unite with GPE in the future . NORP property rights would be respected , and NORP troops would be replaced by civilian observers . PERSON defended his separate ‘ GPE with GPE by saying that any settlement would be finalized in the CARDINAL + CARDINAL format .

The PERSON issue took on an added degree of urgency in DATE , after GPE fought a brief conflict with GPE and recognized the independence of CARDINAL breakaway regions there . NORP officials said they had no plans to recognize the PMR [ ‘ MRT’ ] , but warned GPE not to adopt GPE ’s confrontational stance . The NORP government in turn rejected any comparison and repeated its commitment to peaceful negotiations . Some experts expressed concerns that GPE could impose a harsh settlement on GPE in the bilateral talks and then recognize the PMR if the plan were rejected .

PERSON president PERSON relations with PERSON remained tense throughout DATE , as the NORP leader effectively negotiated over PERSON ’s head and expressed clear frustration with the PMR leadership . The CARDINAL men met in DATE for the first time since DATE , then again in DATE . DATE after the DATE meeting , NORP president PERSON indirectly raised the prospect of a partition in which GPE would absorb GPE and GPE would annex GPE proper , prompting PERSON to accuse him of sabotaging the negotiations . Meanwhile , NORP president PERSON met with PERSON and PERSON separately during DATE ...

Political Rights and Civil Liberties

Residents of GPE can not elect their leaders democratically , and they are unable to participate freely in GPE elections ...

Corruption and organized crime are serious problems in GPE ...

The media environment is restrictive ...

Religious freedom is restricted ...

Although CARDINAL students study GPE using the NORP script , this practice is restricted . The NORP language and LANGUAGE alphabet are associated with support for unity with GPE , while NORP and the LANGUAGE alphabet are associated with separatist goals . Parents who send their children to schools using NORP script , and the schools themselves , have faced routine harassment from the security services .

The authorities severely restrict freedom of assembly and rarely issue required permits for public protests ...

The judiciary is subservient to the executive and generally implements the will of the authorities ...

Authorities discriminate against ethnic PERSON , who make up PERCENT of the population . It is believed that ethnic NORP and NORP together comprise a slim majority , and CARDINAL of the region ’s residents reportedly hold NORP passports . ”

ORG ( ILC ) adopted its ORG on ORG ( “ ORG ” ) in DATE . Articles CARDINAL and CARDINAL of Chapter II of the ORG provide :

“ LAW Conduct of organs placed at the disposal of a ORG by another ORG

The conduct of an organ placed at the disposal of a ORG by another ORG shall be considered an act of the former ORG under international law if the organ is acting in the exercise of elements of the governmental authority of the ORG at whose disposal it is placed .

LAW Conduct directed or controlled by a ORG

The conduct of a person or group of persons shall be considered an act of a ORG under international law if the person or group of persons is in fact acting on the instructions of , or under the direction or control of that ORG in carrying out the conduct . ”

In its advisory opinion “ Legal consequences for States of the continued presence of GPE in GPE , notwithstanding ORG resolution CARDINAL ( DATE ) ” , the ICJ held , on the obligation under international law to put an end to an illegal situation :

“ CARDINAL . Having reached these conclusions , the ORG will now address itself to the legal consequences arising for GPE from the continued presence of GPE in GPE , notwithstanding ORG resolution CARDINAL ( DATE ) . A binding determination made by a competent organ of ORG to the effect that a situation is illegal can not remain without consequence . Once the ORG is faced with such a situation , it would be failing in the discharge of its judicial functions if it did not declare that there is an obligation , especially upon Members of ORG , to bring that situation to an end . As this ORG has held , referring to CARDINAL of its decisions declaring a situation as contrary to a rule of international law : ‘ This decision entails a legal consequence , namely that of putting an end to an illegal situation " ( I.C.J. Reports DATE , p. CARDINAL ) .

GPE , being responsible for having created and maintained a situation which the ORG has found to have been validly declared illegal , has the obligation to put an end to it . It is therefore under obligation to withdraw its administration from the Territory of GPE . By maintaining the present illegal situation , and occupying the Territory without title , GPE incurs international responsibilities arising from a continuing violation of an international obligation . It also remains accountable for any violations of its international obligations , or of the rights of the people of GPE . The fact that GPE no longer has any title to administer the Territory does not release it from its obligations and responsibilities under international law towards other GPE in respect of the exercise of its powers in relation to this Territory . Physical control of a territory , and not sovereignty or legitimacy of title , is the basis of ORG liability for acts affecting other GPE . ”

DATE . In the Case Concerning the Application of the Convention on the Prevention and Punishment of Genocide ( GPE and GPE ) , judgment of CARDINAL DATE , the ICJ held , on the question of ORG responsibility :

“ CARDINAL . The first issue raised by this argument is whether it is possible in principle to attribute to a ORG conduct of persons - or groups of persons - who , while they do not have the legal status of ORG organs , in fact act under such strict control by the ORG that they must be treated as its organs for purposes of the necessary attribution leading to the ORG ’s responsibility for an internationally wrongful act . The ORG has in fact already addressed this question , and given an answer to it in principle , in its ORG of DATE in the case concerning Military and Paramilitary Activities in and against GPE ( GPE v. GPE ) ( Merits , Judgment , I.C.J. Reports DATE , pp . CARDINAL - CARDINAL ) . In paragraph CARDINAL of that ORG stated that it had to

‘ determine . . . whether or not the relationship of the contras to ORG was so much one of dependence on the CARDINAL side and control on the other that it would be right to equate the contras , for legal purposes , with an organ of ORG , or as acting on behalf of that Government’ ( p. CARDINAL ) .

Then , examining the facts in the light of the information in its possession , the ORG observed that ‘ there is no clear evidence of GPE having actually exercised such a degree of control in all fields as to justify treating the contras as acting on its behalf’ ( para . CARDINAL ) , and went on to conclude that ‘ the evidence available to the ORG . . . is insufficient to demonstrate [ the contras’ ] complete dependence on GPE aid’ , so that the ORG was ‘ unable to determine that the contra force may be equated for legal purposes with the forces of GPE ( pp . DATE , para . CARDINAL ) .

The passages quoted show that , according to the ORG ’s jurisprudence , persons , groups of persons or entities may , for purposes of international responsibility , be equated with ORG organs even if that status does not follow from internal law , provided that in fact the persons , groups or entities act in ‘ complete dependence’ on the ORG , of which they are ultimately merely the instrument . In such a case , it is appropriate to look beyond legal status alone , in order to grasp the reality of the relationship between the person taking action , and the ORG to which he is so closely attached as to appear to be nothing more than its agent : any other solution would allow GPE to escape their international responsibility by choosing to act through persons or entities whose supposed independence would be purely fictitious .

However , so to equate persons or entities with ORG organs when they do not have that status under internal law must be exceptional , for it requires proof of a particularly great degree of ORG control over them , a relationship which ORG quoted above expressly described as ‘ complete dependence’ . ... ”

The ICJ went on to find that GPE was not directly responsible for genocide during the DATE Bosnian war . It held nonetheless that GPE had violated its positive obligation to prevent genocide , under LAW , by failing to take all measures within its power to stop the genocide that occurred in GPE in DATE and by having failed to transfer ORG , indicted for genocide and complicity in genocide , for trial by ORG for the former GPE .

Article CARDINAL of LAW provides :

“ ( CARDINAL ) Everyone has the right to education . Education shall be free , at least in the elementary and fundamental stages . Elementary education shall be compulsory . Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit .

( CARDINAL ) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms . It shall promote understanding , tolerance and friendship among all nations , racial or religious groups , and shall further the activities of ORG for the maintenance of peace .

( CARDINAL ) Parents have a prior right to choose the kind of education that shall be given to their children . ”

LAW , which was adopted by ORG during its CARDINALth session DATE , provides in LAW , CARDINAL and CARDINAL :

“ Article CARDINAL

For the purposes of this Convention , the term ‘ discrimination’ includes any distinction , exclusion , limitation or preference which , being based on race , colour , sex , language , religion , political or other opinion , national or social origin , economic condition or birth , has the purpose or effect of nullifying or impairing equality of treatment in education and in particular :

( a ) Of depriving any person or group of persons of access to education of any type or at any level ;

( b ) Of limiting any person or group of persons to education of an inferior standard ;

( c ) Subject to the provisions of LAW , of establishing or maintaining separate educational systems or institutions for persons or groups of persons ; or

( d ) Of inflicting on any person or group of persons conditions which are in - compatible with the dignity of man .

For the purposes of this Convention , the term ‘ education’ refers to all types and levels of education , and includes access to education , the standard and quality of education , and the conditions under which it is given .

Article CARDINAL

In order to eliminate and prevent discrimination within the meaning of this Convention , the GPE Parties thereto undertake :

( a ) To abrogate any statutory provisions and any administrative instructions and to discontinue any administrative practices which involve discrimination in education ;

Article CARDINAL

GPE Parties to this Convention agree that :

( a ) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms ; it shall promote understanding , tolerance and friendship among all nations , racial or religious groups , and shall further the activities of ORG for the maintenance of peace ; ... ”

Article CARDINAL of LAW provides :

“ CARDINAL . GPE Parties to the present LAW recognize the right of everyone to education . They agree that education shall be directed to the full development of the human personality and the sense of its dignity , and shall strengthen the respect for human rights and fundamental freedoms . They further agree that education shall enable all persons to participate effectively in a free society , promote understanding , tolerance and friendship among all nations and all racial , ethnic or religious groups , and further the activities of ORG for the maintenance of peace .

GPE Parties to the present LAW recognize that , with a view to achieving the full realization of this right :

( a ) Primary education shall be compulsory and available free to all ;

( b ) Secondary education in its different forms , including technical and vocational secondary education , shall be made generally available and accessible to all by every appropriate means , and in particular by the progressive introduction of free education ;

( c ) Higher education shall be made equally accessible to all , on the basis of capacity , by every appropriate means , and in particular by the progressive introduction of free education ;

( d ) Fundamental education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole period of their primary education ;

( e ) The development of a system of schools at all levels shall be actively pursued , an adequate fellowship system shall be established , and the material conditions of teaching staff shall be continuously improved .

GPE Parties to the present LAW undertake to have respect for the liberty of parents and , when applicable , legal guardians to choose for their children schools , other than those established by the public authorities , which conform to such minimum educational standards as may be laid down or approved by the ORG and to ensure the religious and moral education of their children in conformity with their own convictions .

No part of this article shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions , subject always to the observance of the principles set forth in paragraph ( CARDINAL ) of this article and to the requirement that the education given in such institutions shall conform to such minimum standards as may be laid down by the ORG . ”

DATE of the above ORG provides ( as relevant ) :

“ In compliance with the fundamental obligations laid down in LAW undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone , without distinction as to race , colour , or national or ethnic origin , to equality before the law , notably in the enjoyment of the following rights :

( e ) Economic , social and cultural rights , in particular :

( v ) The right to education and training ; ”

Articles DATE and CARDINAL of the above ORG provide :

“ LAW

GPE Parties recognize the right of the child to education , and with a view to achieving this right progressively and on the basis of equal opportunity , they shall , in particular :

( a ) Make primary education compulsory and available free to all ;

( b ) Encourage the development of different forms of secondary education , including general and vocational education , make them available and accessible to every child , and take appropriate measures such as the introduction of free education and offering financial assistance in case of need ;

( c ) Make higher education accessible to all on the basis of capacity by every appropriate means ;

( d ) Make educational and vocational information and guidance available and accessible to all children ;

( e ) Take measures to encourage regular attendance at schools and the reduction of drop - out rates .

GPE Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child ’s human dignity and in conformity with the present Convention .

GPE Parties shall promote and encourage international cooperation in matters relating to education , in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods . In this regard , particular account shall be taken of the needs of developing countries .

Article CARDINAL

GPE Parties agree that the education of the child shall be directed to :

( a ) The development of the child ’s personality , talents and mental and physical abilities to their fullest potential ;

( b ) The development of respect for human rights and fundamental freedoms , and for the principles enshrined in the LAW of ORG ;

( c ) The development of respect for the child ’s parents , his or her own cultural identity , language and values , for the national values of the country in which the child is living , the country from which he or she may originate , and for civilizations different from his or her own ;

( d ) The preparation of the child for responsible life in a free society , in the spirit of understanding , peace , tolerance , equality of sexes , and friendship among all peoples , ethnic , national and religious groups and persons of indigenous origin ;

( e ) The development of respect for the natural environment .

No part of the present article or LAW shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions , subject always to the observance of the principle set forth in paragraph CARDINAL of the present article and to the requirements that the education given in such institutions shall conform to such minimum standards as may be laid down by the ORG . ”


Violation of P1-1;Non-pecuniary damage - finding of violation sufficient

By judgments LAW . CARDINAL of DATE and CARDINAL of DATE ORG ruled that the ORG should reimburse part of the taxes unduly paid by certain categories of pensioners on their old - age pensions .

The implementation of these judgments through legislative measures having not taken place immediately , a number of pensioners falling within these categories instituted proceedings against the ORG before the NORP ORG courts seeking the reimbursement in question . The applicant acted as counsel for CARDINAL such pensioners . In certain cases , she requested a direct discharge of her fees , costs and expenses .

By judgments ORG . CARDINAL of CARDINAL DATE , CARDINAL of DATE , CARDINAL of DATE , CARDINAL of DATE , CARDINAL of DATE , CARDINAL of DATE , CARDINAL of DATE , CARDINAL of CARDINAL DATE and DATE of DATE , the ORG found in the GPE favour and discharged the applicant ’s fees , costs and expenses directly to her . The total amount of the discharged fees in relation to these judgments was CARDINAL ITL .

On DATE the President of GPE . CARDINAL aiming at the enforcement of the judgments of ORG , whereby it was decided that the ORG would reimburse the due amounts by way of distribution of ORG bonds to the relevant pensioners over DATE .

Paragraph CARDINAL of LAW of LAW extinguished all pending proceedings concerning the reimbursement in question and provided that the legal costs would be considered as offset between the parties . It further provided that the judicial decisions which , on DATE of entry into force of the decree , had not yet become final would produce no legal effects .

The judgments listed in paragraph CARDINAL above , having not become final , were thus deprived of all legal effects . The other proceedings which were still pending were extinguished and the legal costs offset ex lege .

Under LAW of the code of civil procedure , the unsuccessful party in the proceedings bears all the legal costs , including the lawyer ’s fees , costs and expenses incurred by the other party or parties .

Under LAW , the judge can offset the legal costs between the parties when neither is entirely successful or when there are other equitable grounds therefor ( “ altri giusti motivi ” ) .

Under LAW of the code of civil procedure , a lawyer whose client is of poor means can declare to have advanced the costs and expenses of the proceedings on behalf of his client and not to have been paid his fees ( onorari ) , and can accordingly request that , if his client is successful and is thus entitled under LAW to be awarded legal costs , the court discharge the latter directly to the lawyer ( distrazione delle spese ) ( see , for example , PERSON , judgment No . CARDINAL of CARDINAL ) . Section CARDINAL thus grants a special protection to the lawyer , who enters into a direct relationship with the opposite party and obtains an autonomous title . He can subsequently autonomously act against the losing party in order to recover his fees , costs and expenses . The lawyer ’s right to claim his fees from his client , however , persists ( see , for example , PERSON , judgments No . DATE of CARDINAL.CARDINAL.CARDINAL and No . CARDINAL of CARDINAL.CARDINAL.CARDINAL ) .

Law Decree No . CARDINAL/CARDINAL was never converted into a PERSON , but its effects were maintained by LAW No . CARDINAL of DATE .

The question of the compatibility of LAW No . CARDINAL/CARDINAL with FAC ( recognition of the importance of work ) , CARDINAL and DATE ( protection of the right to work ) , and DATE ( right to payment for one ’s work ) of LAW was raised before ORG by the Brescia Magistrate on DATE and DATE . By a decision ( No . CARDINAL ) of DATE , ORG referred the matter back before LAW , seeking that he examine it again in the light of the subsequent LAW . CARDINAL of DATE ( which reiterated inter alia that the judicial decisions which , on DATE of entry into force of LAW , had not yet become final would produce no legal effects ) .


Violation of Article 6 - Right to a fair trial

András Sajó;Françoise Tulkens;Kristina Pardalos;Nona Tsotsoria;Vladimiro Zagrebelsky

The applicant was born in DATE and lives in GPE .

Dismissed from the civil service , the applicant brought an action against ORG in DATE . He sought reinstatement and compensation .

After several hearings , on DATE ORG partly found for him . On DATE ORG dismissed his appeal . On DATE ORG dismissed his petition for review .


David Thór Björgvinsson;Ján Šikuta;Lech Garlicki;Nicolas Bratza;Päivi Hirvelä

The applicants are all relatives of persons who have been missing since the NORP military operations in northern GPE in DATE and DATE . Their bodies have never been found .

The applicants applied to the ORG DATE ( see annexed table ) .


Violation of Art. 6-1;Violation of P1-1;Partly inadmissible;Non-pecuniary damage - financial award

The applicants were born in DATE and DATE respectively , and live in LOC in GPE . They are both retired judges .

On DATE ORG of GPE allowed the first applicant 's claim against ORG for provision of ORG housing , for which he was eligible as a judge . The court ordered the town council to :

“ ... grant or purchase for Mr NORP , whose family comprises CARDINAL members , a separate well - equipped flat or house taking account of the plaintiff 's entitlement to CARDINAL additional room or having a habitable surface of QUANTITY , located near ORG in the town of GPE ” .

No appeal was brought against the judgment and it became final and enforceable DATE .

NORP In DATE enforcement proceedings were instituted . However , the judgment could not be enforced because the town authorities did not possess any available housing or the financial resources to purchase a flat .

The applicants complained to ORG at ORG of GPE , ORG of ORG of GPE and ORG of ORG . The responses received by the applicants in DATE and DATE indicated that the judgment could not be enforced as the town authorities had no available housing .

In DATE the first applicant applied to ORG with a request to change the method of execution of the judgment of CARDINAL DATE . He asked that the value of the flat be paid to him in cash .

On DATE ORG closed the proceedings for the amendment of the judgment as the first applicant had withdrawn his request .

On DATE a court bailiff reopened enforcement proceedings and ordered ORG to execute the judgment .

On DATE the enforcement proceedings were closed because enforcement was not possible . On DATE the writ of execution was returned to the first applicant .

Further to the applicants ' complaint , on DATE the ORG quashed the bailiff 's decision to terminate the proceedings .

The proceedings were resumed on DATE . The bailiff collected information on the cash flows and funds of ORG .

On DATE the bailiff discontinued the enforcement proceedings on account of the town council 's lack of funds for the construction or purchase of housing . The writ of execution was returned to ORG . The first applicant submits that a copy of that decision was not served on him and that he first became aware of it upon receipt of the Government 's memorandum of DATE , to which it was attached .

On DATE the ORG offered the first applicant a CARDINAL - room flat of QUANTITY with central heating . It noted that no State housing had been constructed since DATE and that it was therefore not in a position to offer a flat with full amenities . The applicants did not accept the offer . On DATE the enforcement proceedings were re - opened and they are now pending .

The judgment of CARDINAL DATE has not been enforced to date .

Section CARDINAL of LAW ( Law no . CARDINAL of DATE ) provides that a bailiff 's order on institution of enforcement proceedings must fix a time - limit for the defendant 's voluntary compliance with a writ of execution . The time - limit may not exceed DATE . The bailiff must also warn the defendant that coercive action will follow should the defendant fail to comply with the time - limit . Pursuant to section CARDINAL , the enforcement proceedings must be completed within DATE of the receipt of the writ of execution by the bailiff .

LAW of DATE , effective until DATE ) provided that NORP citizens were entitled to possess flats owned by the ORG or municipal authorities or other public bodies , under the terms of a tenancy agreement ( section CARDINAL ) . Certain “ protected ” categories of individuals ( disabled persons , war veterans , GPE victims , police officers , judges , etc . ) had a right to priority treatment in the allocation of flats .

A decision on granting a flat was to be implemented by way of issuing the citizen with an occupancy voucher ( ордер на жилое помещение ) from the local municipal authority ( section DATE ) . The voucher served as the legal basis for taking possession of the flat designated therein and for the signing of a tenancy agreement between the landlord , the tenant and the housing maintenance authority ( section CARDINAL , and also ORG CARDINAL and CARDINAL of ORG ) .

Members of the tenant 's family ( including the spouse , children , parents , disabled dependants and other persons ) had the same rights and obligations under the tenancy agreement as the tenant ( section CARDINAL ) . The tenant had the right to accommodate other persons in the flat ( section DATE ) . In the event of the tenant 's death , an adult member of the tenant 's family succeeded him or her as a party to the tenancy agreement ( section CARDINAL ) .

Flats were granted for permanent use ( section CARDINAL ) . The tenant could terminate the tenancy agreement at any moment , with the consent of his or her family members ( section CARDINAL ) . The landlord could terminate the agreement on the grounds provided for by law and on the basis of a court decision ( sections CARDINAL - CARDINAL ) . If the agreement was terminated because the house was no longer fit for living in , the tenant and family were to receive a substitute flat with full amenities ( section CARDINAL ) . Tenants or members of their family could be evicted without provision of substitute accommodation only if they “ systematically destroyed or damaged the flat ” , “ used it for purposes other than residence ” or “ systematically breached the [ generally accepted rules of conduct ] making life with others impossible ” ( section CARDINAL ) .

The tenant had the right to exchange the flat for another flat in the ORG or municipal housing , including across regions ( section CARDINAL ) . An exchange involved reciprocal transfer of rights and obligations under the respective tenancy agreements and became final from the moment of issuing new occupancy vouchers ( section CARDINAL ) . “ Speculative ” or sham exchanges were prohibited ( section CARDINAL(CARDINAL ) ) .

The Federal Housing Policy Act ( Law no . CARDINAL-I of DATE ) provides that the payments for a flat comprise ( i ) a housing maintenance charge , ( ii ) a housing repair charge , and , in the case of tenants only , ( iii ) rent ( section CARDINAL ) . The maintenance and repair charges do not depend on the flat 's ownership , whether private or ORG . Rent is fixed by regional authorities , taking into account the surface area and quality of the housing . It is usually considerably lower than free - market rent . For example , the highest DATE rent for municipal housing in GPE is MONEY ( CARDINAL ) per square metre ( Resolution of ORG no . CARDINAL-PP of DATE ) .

In DATE , ORG ( Law no . CARDINAL-I of DATE ) was adopted ( it will remain effective until DATE ) . It grants NORP citizens the right to acquire title to ORG and municipal - owned flats of which they have taken possession on the basis of a social tenancy agreement ( section CARDINAL ) . The acquisition of title does not require any payment or fee ( section CARDINAL ) . The right to privatisation can be exercised once in a lifetime ( LAW ) and requires the consent of all adult family members .