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ECtHR: Russia found guilty of violating rights to property, remedy of 1646 landowners and 3 companies in Transnistria, Moldova

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17 July 2018- The European Court of Human Rights found that the Russian Federation is guilty of violating the right to property (Art. 13 of the ECHR) and the right to a remedy (Art.1 of Protocol 1 to the ECHR) of 1646 landowners and 3 companies from Dubăsari district, situated left of Nistru river but under the control of constitutional authorities.

The case concerned complaints by 1,646 individual Moldovan applicants and three companies that
they had not been able to access land in the separatist region of the “Moldovan Transdniestrian
Republic” (“the MRT”) or had suffered other restrictions.
The Court found in particular that there had been no legal basis for the “MRT” to deprive the
applicants of access to their land and there had been a violation of their property rights. Given
Russia’s effective control over “the MRT”, it had to take responsibility for the violations the
applicants had suffered. For its part, Moldova had fulfilled its duty to help the applicants by
negotiating their access to the land and granting them compensation for losses.

The landowners live in five villages on the left bank of the River Dniester and are under Moldovan control. They own land which is on the other side of a road which has been claimed by “Pridnestrovian Moldovan Republic” (“PMR”) as its territory.
They worked the land without hindrance between 1992 and 1998, when “the Transnistrian authorities” set up “border” checkpoints and the applicants had to pay various taxes and fees. In 2004 “PMR” declared that the land in question was its property and demanded rent from the applicants. Since 2006, a special land ownership agreement is concluded every year between Chișinău constitutional authorities and the separatist authorities from Tiraspol to allow the farmers work and rent their lands.

The Moldovan authorities were not found guilty in the case because of their attempts since 2006 to compensate the individual landowners and landowning companies while attempting to claim jurisdiction over the left bank territory- Transnistria.

The Court held that Russia was to pay each individual applicant 1500 euros in respect of nonpecuniary
damage, except for three applicants who withdrew their applications. It awarded 115300 euros to Agro-Tiras S.R.L., 80500 euros to Agro-S.A.V.V.A. S.R.L. in respect of pecuniary damage and 50000 euros under the same head to Posedo-Agro S.R.L., to be paid to its successor, Serghei Popa FP. It also awarded each applicant company EUR 5,000 in respect of nonpecuniary damage.
It also ordered that Russia was to pay the costs and expenses of 20000 euros for all the applicants.

But Russia is known for not having paid nearly anything for the victims of this kind of “Transnistrian cases”.

Currently studying International Relations at the University of Pécs, Hungary. Study focus: Transnistrian conflict settlement, Moldovan statehood, Moldovan democracy. Inquiries at [email protected]

Opinion

Transnistrian Minister of Foreign Affairs: There were many delusions that the conflict between Moldova and Transnistria is very easy to resolve

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The head of the Transnistrian diplomatic mission told about what is slowing down the negotiation process.

The First Transnistrian TV channel took an interview from the Transnistrian Minister of Foreign Affairs, Vitaly Ignatiev, who claims that the Transnistrian side is trying to focus on concrete matters, on a specific agenda within the conflict negotiation process.

Ignatiev drew attention to the fact that the position of President Vadim Krasnoselsky, who previously declared that it makes no sense to meet with Moldovan counterparts without a specific agenda, is connected with this.

According to him, over the years of the negotiation formats on the Moldovan-Transnistrian settlement, various visions, plans or approaches that took place, there were many delusions that the conflict was very easy to resolve.

However, the Transnistrian diplomat refuses to recognize Transnistria as part of Moldova.

“We have absolutely legitimate international legal, historical grounds for recognizing the independence of Transnistria. We have a generation of Transnistrians who have not lived a single day in the Soviet Moldova. Any settlement should be based on the will of the people. We rely on the will of the population, which has already determined its fate within referendums,” the minister added.

He stated that Transnistria lives in accordance with its Constitution, and Moldova, in turn, lives within its legislative space.

“There is not a single signal about the eagerness of the Moldovan authorities to deal with these issues seriously, although there are a lot of statements about the issue. Sometimes these statements create an unnecessary background and interfere with the dialogue,” the diplomat concluded.

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Reintegration

Transnistrian president Krasnoselsky: Discussing issues with the Moldovan president is impractical at the moment.

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Recently, the president of Moldova, Igor Dodon has made an announcement that, in December, there is a scheduled meeting with the President of Transnistria, Vadim Krasnoselsky.

The event will take place in Bender, writes the Transnistrian news portal novostiprm.com.

However, the according to the separatist press, Krasnoselsky made it clear that there will be no meeting “just for the sake of meeting”, affirming that there are enough unresolved issues and problems on the negotiation agenda.

“A clear agenda is necessary, and I don’t see it the moment. Those 5 + 2 questions format do not correspond to his competences. Furthermore, in principle, discussing these issues with Igor Dodon is impractical. The president of Moldova should have his own agenda,” declared the president of Transnistria.

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Reintegration

The House of Culture of a Transnistrian village has been renovated with European money

After a long time, the inhabitants of the village of Carmanova on the left bank of the Nistru celebrated the patronage of the House of Culture. It’s been built in 1970 and has never been repaired. In the nineties, the heating system was completely damaged. For the first time in 28 years, during the cold season, the holidays will be organized under appropriate conditions. The edifice was connected to the water supply, sewage and is equipped with a modern heating system.

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“The village of Carmanova was founded 200 years ago by Germans, mostly from Germany and France (Alsace), as well as families from Poland and Hungary. The first name of the locality is Neudorf. Renovation of the cultural house in this village is of particular importance to the European Union and the Member States: it is a symbol of the common history with this territory and its locals and proof that this common history continues daily, including through the effort to improve conditions for the local population,” said Fabien Schaeffer, project manager within the European Union Delegation in the Republic of Moldova.

“Due to the constant temperature, paintings, costumes, and other items are kept under proper conditions. We have ten creative teams. We work in kinusayga techniques, “sand art”, and more. Dance, singing, and concerts will take place in comfortable conditions,” declared Natalia Stoian, head of the House of Culture.

The European Union has allocated EUR 150,795 for the renovation of the building. Carmanova House of Culture is one of over 80 infrastructure objects renovated through the European Union-funded “Support to Confidence Building Measures” program implemented by UNDP Moldova – a program which contributes to the consolidation of trust between the inhabitants of both sides of the Dniester River through their involvement in joint projects.

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