Communicated on 20 October 2015
THIRD SECTION
Applications nos 30003/04 and 40942/14
Gheorghe BOBEICO and others against the Republic of Moldova
and Russia
and Ion IOVCEV and others against the Republic of Moldova and Russia
(see list appended)
lodged on 16 August 2004 and on 28 May 2014 respectively
1. A list of the applicants is set out in the appendix.
2. The facts of the cases, as submitted by the applicants, may be summarised as follows.
A. General background of the cases
3. The applicants are teachers, employees of, and pupils studying in five Moldovan schools, located on the territory effectively controlled by the self-proclaimed “Moldovan Republic of Transdniestria” (“MRT”), as well as the parents and a legal guardian of those pupils. The schools concerned in the two applications are registered with the Moldovan Ministry of Education and are therefore using the Latin script and a curriculum approved by the Ministry of Education.
4. According to Article 12 of the MRT “Constitution”, the official languages within the MRT are “Moldavian”, Russian and Ukrainian. Article 6 of the “MRT Law on languages”, which was adopted on 8 September 1992, states that, for all purposes, “Moldavian” must be written with the Cyrillic alphabet. The “law” provides further that use of the Latin alphabet may amount to an offence and Article 200-3 of the “MRT Code of Administrative Offences”, adopted on 19 July 2002, states that:
“Failure by persons holding public office and other persons in the executive and State administration, in public associations, as well as in other organisations, regardless of their legal status and form of ownership, and in other entities, situated on the territory of the MRT, to observe MRT’s legislation on the functioning of languages on the territory of MRT ... entails liability in the form of a fine which may amount to 50 (fifty) minimal salaries.”
5. On 18 August 1994 the “MRT” authorities forbade the use of the Latin script in schools. By a decision of 21 May 1999, the “MRT” ordered that all schools belonging to “foreign States” and functioning on “its” territory had to register with the “MRT” authorities, failing which they would not be recognised and would be deprived of their rights.
6. On 14 July 2004 the “MRT” authorities began taking steps to close down all schools using the Latin script.
7. More details about the general background of the cases are described in the Court’s judgments in Ilaşcu and Others v. Moldova and Russia ([GC], no. 48787/99, §§ 28-183, ECHR 2004‑VII) and in Catan and Others v. the Republic of Moldova and Russia ([GC], nos. 43370/04, 8252/05 and 18454/06, §§ 13-42, ECHR 2012 (extracts)).
8. Following the Catan and others judgment, the situation of the schools concerned by the judgment did not improve. In December 2013 the Evrica school in Rîbnița was informed about its forced registration with “MRT tax authorities” and about its obligation to submit financial statements and information about its staff and their salaries. In January 2014 its heating bills increased by 55%.
9. In October 2013 all employees of the Alexandru cel Bun School in Tighina, Bender received an official warning from “MRT Prosecutor’s office” that failure to submit financial statements to “MRT authorities” would result in prosecution under “MRT” laws. In January 2014 the head teacher was informed that starting the following month the school was obliged to pay rent for its premises after they had been rebuilt with Moldovan public funds.
10. The situation in other schools was similar. In November 2013 the Roghi School was obliged to pay around 1,700 euros (“EUR”) to lease its premises after they had been rebuilt with Moldovan public funds. In January and February 2014 the water, electricity and gas supply companies demanded that new supply contracts be signed and requested the school’s registration with “MRT authorities”, threatening that the utilities would be otherwise disconnected. In January 2014 the school was notified that its failure to submit financial statements would result in the initiation of court proceedings for its liquidation. Following a meeting on 17 February 2014 with the “MRT school administration”, the parents of thirteen pupils decided to transfer their children to Transnistrian schools.
11. On 3 February 2014 the Moldovan Ambassador and Permanent Representative to the Council of Europe, provided the Council of Europe with a Non Paper on the situation of the Latin script schools from Transnistrian region administered by the Moldovan Government, which read as follows:
“Each of the schools ... fac[es] different kinds of problems ...: 1) problems with access to adequate premises; 2) increase of payments for rent and utilities; 3) obstacles for transportation of goods and delivery of supplies; 4) obstacles to the freedom of movement/transportation of children”
... The Corjova school [is requested] a monthly rent of ... about EUR 2,600. The Lucian Blaga school ... is requested to pay [an additional EUR 1,600] in yearly rent ...
The transportation of [educational materials, salaries] through the Transnistrian check-points represents a constant challenge for the national authorities. The most recent and relevant example [out] of many incidents ... is the detention by the so‑called Transnistrian “customs committee” and “militia” of the director and two employees of the Lucian Blaga school in Tiraspol, who were transporting salaries for the teaching staff. ...
The schools report constantly about the harassment from the local de facto administration including “militia” on account of using the official Moldovan state symbols ... .
The Latin script schools are experiencing an increased administrative pressure from various Transnistrian [authorities]. Some of them are facing numerous challenges such as increase of rent prices and requests to disclose fiscal information. [The accounts of the Lucian Blaga school were temporarily seized]... The teaching staff are requested to pay 15 % “income tax” to the Transnistrian budget, which leads to double taxation... The schools are visited by the representatives of the Transnistrian law-enforcement [authorities] on regular basis. All Latin-script schools have received notifications ... to acquire “fiscal code” and to disclose all information about their financial activity. The notifications clearly state that the schools will be closed if they do not cooperate.”
12. On 6 February 2014 the European Parliament adopted Resolution 2014/2552 (RSP) on the right to education in Transnistrian region, which read as follows:
“The European Parliament ...
G. whereas according to a November 2012 OSCE report, there are eight Latin-script schools that are able to continue teaching with the help of the Ministry of Education, six of them on Transnistrian-controlled territory and two relocated to neighbouring Moldovan-controlled territory on the left bank, resulting in serious daily transport problems for the pupils; whereas the report highlighted that the situation of these schools remains urgent, issues of concern including rental contracts and conditions of premises, freedom of movement, transport of goods, health, safety and sanitary inspections, declining pupil numbers, pressure or intimidation towards parents and teachers, legal status, and the specific situations of the property in Rîbnița and the schools formerly located in Grigoriopol and Dubăsari;
H. whereas in December 2013 the self-proclaimed authorities in Transnistria relaunched an aggressive campaign against the eight Romanian-language schools, with actions ranging from administrative pressures to declarations by the self-proclaimed authorities indicating that they will shut down those schools that refuse to recognise the authority of the separatist regime;
I. whereas many of the teachers at the Lucian Blaga high school in Tiraspol have been subjected to illegal interrogation by the separatist militia and pressure to pay their taxes to the self-proclaimed authorities in Transnistria and not to the Moldovan state; whereas the school’s bank accounts were illegally blocked for several weeks in January 2014 by the self-proclaimed authorities; whereas on 5 February 2014 the principal, the accountant and the driver of the "Lucian Blaga" high school were detained when they were transporting the salaries of the high school’s staff; ...
1. Strongly deplores the lack of respect for human rights in the Transnistrian region, especially in the field of education; ...
4. Condemns the increased administrative pressure being exercised by the self-proclaimed authorities in Transnistria, in particular higher rents prices, the abolition of free rental contracts (affecting the Gymnasiums in Corjova and Roghi), restrictions on bank account use and harassment of teachers (Lucian Blaga high school, January 2014) culminating with the detention of the principal, the accountant and the driver of the high school on 5 February 2014. ...”
B. Application no 30003/04
13. The applicants are ten pupils of the Boarding school in Tighina for orphans and other children taken into public care and their head teacher and also legal guardian. The children study and live at the school. During the summer holidays, they either went to summer camps or stayed with the families of school staff. In 2004 the children spent their summer holidays in the families of school staff.
14. On 4 June 2004 the school administration was informed that the “Bender city administration” rescinded the utilities contracts because the school had failed to register with “MRT authorities”. However, the school was given a new time-limit, 27 June 2004, to provide “MRT authorities” with documents in order to obtain such registration.
15. The school administration did not comply with the request and on 27 June 2004 the school was disconnected from the water supply.
16. On 30 June 2004 the “Bender city administration” requested the school to provide by 1 July 2004 documents certifying its legal status, its entitlement to use the building and utilities and its bank account.
17. On 5 July 2004 the school was disconnected from electricity supply.
18. On 15 July 2004 the “Bender city administration” issued a decision formally closing the school, because it operated without registration and license.
19. In the evening of 26 July 2004, unidentified persons and around thirty “MRT militia officers”, acting on behalf of “Bender city administration”, sealed the school buildings and restricted access to the school area. Russian peacekeeping forces were present but did not intervene. The following day, the children and teachers forcefully re-entered the school dormitory. They were still occupying it when the application was submitted.
20. On 4 August 2004 the school was given a new time-limit, until 15 August 2004, to register with “MRT authorities”, otherwise the children risked being transferred by force to a Transnistrian boarding school for children with disabilities. On 11 August 2004 “MRT authorities” suggested the school administration that children would have been safer if they were transferred to kindergarten no. 10 in Bender where appropriate living conditions would have been available.
21. The school was disconnected from all utilities and its administration was denied access to the school kitchen or storehouses. From 27 July to 10 August 2004 the Moldovan authorities provided the children with food and water, which was brought to the entrance in Bender, the OSCE mission secured its transportation from there to the school. From 11 August 2004 OSCE employees were not allowed to deliver food and water more often than once per day.
22. On 27 July 2004 the school administration sent a fax to the President of the Russian Federation complaining about the acts of “MRT authorities” which affected 300 children and the inaction of Russian peacekeepers on 26 July 2004.
23. On 21 August 2004 the school administration asked the Russian Embassy in Chișinău to intervene in order to remedy the situation of children, deprived of water, electricity and food.
C. Application no 40942/14
24. The applicants are head teachers, teachers or employees of four Moldovan schools located on the territory effectively controlled by “MRT”, as well as children studying there and their parents.
1. Lucian Blaga School in Tiraspol
25. In 2004 there were 880 pupils at the school. The school had been renting premises from the “Tiraspol and Dnestrovsc city administrations”. The applicants, including pupils, who live on Moldovan controlled territory, were subject to regular “customs and border guards” checks and requirements to fill in migration cards, losing which resulted in fines.
26. On 15 July 2004 the school was stormed by “MRT militia”, all furniture was destroyed, the windows were broken, educational materials were torn up. Shortly after those events, parents were invited one by one to the “MRT security services” and put under pressure to transfer their children to Transnistrian schools using Cyrillic script under the threat of being deprived of parental authority, of losing their social housing or jobs. Only around half of pupils returned to the school the following academic year and were able to start classes in the school building only in January 2005, after it had been renovated.
27. From 2005 to 2012 the school administration encountered difficulties in bringing educational materials, furniture and other supplies to the school because it would be accused of introducing prohibited literature or would be required to pay import duties. Those goods would be brought in only with the help of the OSCE mission, of the Joint Control Committee or of other international organisations.
28. In 2012 and 2013 the “MRT militia” prohibited the flying of the Moldovan state flag and the singing of the Moldovan national anthem at assemblies related to the opening and the closing of the academic year. “MRT militia officers” and plain-clothed outsiders attended those events.
29. There were 146 pupils at the school in 2013-2014. Since October 2013 barbed wire was used to separate the area shared by the school with a neighbouring Transnistrian school. The school administration’s request to remove the barbed wire for the children’s safety resulted in adding a second line of barbed wire.
30. On 5 November 2013 a teacher, Z., had allegedly submitted a complaint to the “MRT prosecutor” complaining about the school’s inappropriate sanitary conditions, delay in the payment of salaries and aggressiveness of the head teacher, the applicant Mr Iovcev. She allegedly asked for the help of “MRT authorities” to “restore order” in the school. On 14 November 2013 the “MRT prosecutor”, relying on Z.’s complaint, ordered the “MRT Ministry of Finance”, “MRT State service of supervision” and to the “MRT Centre of hygiene and epidemiology” to conduct inquiries at the school into the payment of taxes, the observance of labour legislation and the sanitary conditions. On 11 December 2013 Z. informed the “MRT prosecutor” that she had not written or signed the letter of 5 November 2013 and that its content was untruthful.
31. In November and December 2013 “MRT authorities” nevertheless continued their inquiries.
32. On 21 November 2013 the school administration was informed that a sanitary inspection was planned to take place. Although previous annual inspections authorized the school to operate as such, on 2 December 2013 the school administration was notified that the school building was unfit for exploitation without a gym and a canteen and was offered a time-limit until 15 March 2014 to remedy the deficiencies, otherwise the school would be closed.
33. During a visit on 5 December 2013, an inspector was accompanied by two “militia officers”, a plain-clothed person and a cameraman; they all acted aggressively. The applicants, Ms Andrieș and Ms Pădurean, deputy head teachers at the school, witnessed the incident and recorded it on camera. The plain-clothed person tried to take from Ms Andrieș and then from Ms Pădurean the memory device with the recording, grabbed them by the arms and threw them against a wall. The applicant pupil Mr Belan witnessed the event. A medical examination on 6 December 2013 confirmed that Ms Pădurean had minor injuries (a 5 x 4 cm bruises on her left forearm) which could have occurred in the circumstances described by her.
34. On 12 December 2013 the school administration received a letter informing that a report had been drawn up in respect of the incident on 5 December 2013 and that administrative proceedings had been instituted against the school for its failure to submit the documents requested by the inspector. On 27 December 2013 the “Tiraspol city court” discontinued those proceedings in default of evidence.
35. On 3 December 2013 the school was informed that the “MRT authorities” had issued it a tax identification number, although the school had not applied for tax registration. On 8 January and 6 February 2014 the school head teacher received notifications about the school’s failure to submit financial statements for the previous period and that continuing failure to do so would result in the initiation of court proceedings for the school’s liquidation. On 9 January 2014 the school’s bank accounts were seized and all bank operations were suspended.
36. On 20 January 2014 two “MRT prosecutors” visited the school and asked for financial documents and information about how salaries were paid. They interviewed separately the applicants Mr Iovcev, the head teacher of the school, and the applicant Ms Muntean, the school accountant. The applicants refused to cooperate with the “MRT authorities” and to deliver them the requested information, arguing that they reported to the Moldovan authorities only. They were subsequently summoned to “MRT prosecutor’s office” to provide written explanations about their refusal to cooperate.
37. On 3 March 2014 and on 7 March 2014 the “Tiraspol city court” concluded that, by failing to comply with the “legal requests of the prosecutor”, Ms Muntean and Mr Iovcev respectively had committed an administrative offence and sentenced each to a fine in the amount of EUR 195. Both applicants appealed and on 17 April 2014 the “MRT Supreme Court” upheld the previous decisions.
38. On 4 February 2014 the school was informed about the increase of the rent. Shortly after that, the school was informed that failure to pay the rent and utilities and sign new contracts for utilities would result in its disconnection from electricity and gas supply. The school administration informed the utility suppliers and the “Tiraspol city administration” about its temporary impossibility to pay because its bank accounts had been seized. The heating was disconnected for one month.
39. With the accounts seized, the school administration sought to pay the salaries of its employees in cash. On 5 February 2014 the applicants Mr Iovcev, Ms Muntean and Mr Climov drove from Căușeni back to school with the salaries for January 2014 at around noon, they crossed the “MRT border” and were stopped at Parcani check-point by “MRT militia” officers. “MRT customs” officers joined them and asked what they were transporting. In the meantime, six Moldovan peacekeeping officers approached them but they were taken by masked “MRT paramilitary forces” to an unknown direction. The applicants and their car were searched. On them was found in cash 103,214 Moldovan lei, 220 United States dollars (“USD”), EUR 400 and 98 Romanian lei, which they had not declared crossing “the border” because it constituted less than USD 10,000.
40. The applicants Mr Iovcev, Ms Muntean and Mr Climov spent five hours outside in the cold, while the car and they were searched, and then two more hours at the headquarters of the “MRT customs committee”. A report was issued the same day finding that the applicants had committed a customs offence of smuggling goods across the “MRT border”. The money, the car, the applicants’ mobile telephones and the school seal were forfeited. On 25 April 2014 a “MRT customs” official adopted a decision which found that the applicants had breached the “MRT Customs Code” and sanctioned them with a warning; all forfeited assets were returned to the applicants.
41. The applicants suspected that the “MRT authorities” had learned that they were transporting salaries in cash that day by unlawfully intercepting their phone conversations.
42. The school administration regularly kept informed the Moldovan Ministry of Education about the evolution of events and sought the help of the Moldovan Reintegration Bureau, of the Moldovan Ministry of Education and of OSCE in guaranteeing the normal functioning of the school and the safety of its staff.
43. On 19 February 2014 the Moldovan Minister of Education informed the school administration that the Sectorial Working group on education had scheduled to examine “MRT authorities”‘ request for documents about the school staff.
44. On 19 February 2014 the applicant Mr Iovcev was acknowledged as victim in a criminal investigation initiated by Moldovan authorities in respect of his, Ms Muntean’s and Mr Climov’s deprivation of liberty and body search by “MRT authorities” on 5 February 2014.
2. Mihai Eminescu School in Dubăsari
45. The head teacher and the deputy head teacher are the applicants. The school used premises in Dubăsari but in 1995 was forced by “MRT authorities” to leave and is now seated in Corjova in a building of the Moldovan Ministry of Labour, Family and Social Welfare. There were 420 pupils at the school in 2013-2014.
46. The delivery of food for the school canteen and textbooks was done by a ferry crossing Nistru river. However, the ferry was not operational once the river froze during winter and the school was obliged to bring the food and books by road and, crossing the “MRT border”, to pay import duties. On 26 November 2013 the head teacher asked Evgeny Shevchuk, the incumbent “MRT President”, for a duty-free allowance on foodstuffs for the school canteen. No reply has been received to date.
47. On 24 March 2014 “MRT militia” officers in Dubăsari stopped all school buses and threatened the head teacher that the registration plates would be withdrawn unless duties were paid for the circulation of buses in the region or “MRT” registration plates were obtained. The children were forced to stay in the buses several hours until they were released.
48. The school was put under pressure to register with “MRT authorities”. On 11 February 2014 the electricity supplier demanded that a new supply contract be signed and requested the school’s registration with “MRT authorities”.
49. The head teacher informed the Moldovan Reintegration Bureau and the Moldovan Minister of Education about the pressure put on him to seek the registration of the school with “MRT authorities” and asked for their help. It is unclear what reaction followed.
50. On 31 March 2014 the head teacher was informed that the “MRT Migration Service” was conducting an inquiry into the unlawful employment of persons without registered “MRT” residence and “MRT” passports. The school administration was required to submit a list of its employees. On 4 April 2014 “MRT migration officers” visited the school and demanded the same information. The Dubăsari police officers prevented “MRT migration officers” from entering the school premises. The Moldovan police drew up a report about the unlawful actions and presence of those “officials” and submitted it to the Joint Control Commission and to the Dubăsari prosecutor’s office.
51. On 9 April 2014 the school administration replied to “MRT authorities” that the Moldovan Ministry of Education had instructed them not to submit any information about the activity of the school and of its staff before an agreement on this matter was reached by the Moldovan and “MRT” ministries of education.
3. Ștefan cel Mare School in Grigoriopol
52. Two pupils at this school and their mother are the applicants. The situation at the school is described in Catan and others (cited above, §§ 60‑62) and has not changed since the delivery of the judgment.
53. Each day, the children are taken to Doroţcaia (where the school was relocated after in 2002 it had been stormed by “MRT militia”) in buses provided by the Moldovan Government. They are subjected to bag searches and identity checks by “MRT” officials and also, allegedly, acts of harassment such as verbal abuse. The pupils are bullied by other children who call them “Moldovan spies and traitors of MRT”, they are afraid to go out as they may be beaten by other youths.
54. The applicant parent was in receipt of social allowance from “MRT authorities” in the amount of USD 60. In 2014 she was informed by “MRT social services” that if she kept her children at the Moldovan school she was running the risk of having her allowance reduced.
4. School in Corjova
55. The head teacher of this school is the applicant. “MRT militia” prohibited him to fly the Moldovan state flag and to sing the Moldovan national anthem at assemblies related to the opening and the closing of the academic year and threatened him with criminal sanctions if he disobeyed.
56. The school had been using without payment the premises of a kindergarten operated by the “Dubăsari city administration” and rebuilt with Moldovan public funds. On 1 July 2013 the school administration received a lease agreement for its premises.
57. On 21 August 2013 the applicant sought the assistance of the Moldovan Deputy Prime-minister, Moldovan Minister of Education and of the Head of OSCE mission in Moldova. It is not clear what assistance followed. Under pressure of eviction the school was obliged to sign the lease agreement on 1 November 2013.
58. The school was not allowed by the “MRT Ministry of Finance” to operate its accounts in a Transnistrian bank, nor allowed to pay the rent in Moldovan lei. On 9 April 2014 the applicant sought the assistance of the Moldovan Ministries of Education and of Finance, of the Reintegration Bureau, OSCE mission in Moldova and of the Joint Control Commission. It is not clear what assistance followed. On 15 May 2014 the school received notifications from “MRT authorities” about EUR 31,000 accrued debt of overdue rent and penalty interest.
59. On 3 December 2013 the applicant was informed that the “MRT authorities” had issued the school a tax identification number, although it had not applied for tax registration. In January 2014 the water supply company demanded that a new supply contract be signed and requested the school’s registration with “MRT authorities”, with the risk that the water supply would be suspended.
60. On 31 March 2014 the applicant was informed that the “MRT Migration Service” was conducting an inquiry into the unlawful employment of persons without registered “MRT” residence and “MRT” passports. The applicant was required to submit a list of school employees. On 4 April 2014 “MRT migration officers” visited the school and demanded the same information. The Dubăsari police officers prevented “MRT migration officers” from entering the school premises. The Moldovan police drew up a report about the unlawful actions and presence of those “officials” and submitted it to the Joint Control Commission and to the Dubăsari prosecutor’s office.
61. On 21 April 2014 the applicant replied to the “MRT authorities” that the Moldovan Ministry of Education had instructed him not to submit any information about the activity of the school and of its staff before an agreement on this matter was reached by the Moldovan and “MRT” ministries of education.
62. On 1 April 2014 the applicant was required by the “MRT tax authorities” to submit information about its employees and their home addresses. He was asked to inform the school employees about their obligation to submit tax statements to “MRT tax authorities”. On 22 July 2014 the applicant replied that the school employees were not “MRT” taxpayers and were not obliged to submit tax statements to “MRT authorities”.
COMPLAINTS
63. The applicant pupils, parents and legal guardian, complain under Article 2 of Protocol No. 1 to the Convention about being denied access to existing educational institutions and to education in their national language based on the Latin script in conformity with their philosophical convictions.
Application no. 30003/04
64. The applicant pupils complain under Article 8 of the Convention about the imminent risk of being evicted from the boarding school and separated from the school staff.
65. The applicant pupils also complain under Article 14 of the Convention taken in conjunction with Article 8 of the Convention about being subjected to discriminatory treatment by the Transdniestrian separatist regime because of their ethnicity and language.
66. The applicant pupils also complain under Article 13 that they did not have an effective remedy in respect of their complaint under Article 8 of the Convention alone and taken in conjunction with Article 14 of the Convention.
67. All applicants complain under Article 14 of the Convention taken in conjunction with Article 2 of Protocol No. 1 to the Convention about being subjected to discriminatory treatment by the Transdniestrian separatist regime because of their ethnicity and language.
68. All applicants also complain under Article 13 that they did not have an effective remedy in respect of their complaint under Article 2 of Protocol No. 1 to the Convention alone and taken in conjunction with Article 14 of the Convention.
Application no. 40942/14
69. The applicants Mr Iovcev, Ms Muntean and Mr Climov complain under Article 5 of the Convention about being unlawfully deprived of their freedom by “MRT authorities”.
70. The applicants Mr Iovcev, Ms Muntean and Mr Climov complain under Article 8 about their unlawful search and the seizure of their personal belongings, including their mobile telephones, by the “MRT authorities”.
71. The applicants Mr Iovcev, Ms Andrieș, Ms Chisin, Ms Gumaniuc, Ms Muntean, Ms Pădurean, Ms Pisarenco, Mr Climov, Mr Popșoi, Mr Calestru, and Mr Sucitu complain about the restrictions on and the harassment related to the exercise of their right to use the Romanian/Moldovan language and Latin script in their daily life, as part of their cultural identity and integrity of the Moldovan community in the “MRT”, contrary to Article 8 of the Convention.
72. The applicants Mr Iovcev, Ms Andrieș, Ms Muntean, Ms Pădurean, Mr Climov, Mr Popșoi, Mr Calestru, and Mr Sucitu also complain that they are likely to have been the subject of unlawful secret surveillance by “MRT authorities”, such as to give rise to interference with their rights under Article 8 of the Convention.
73. They also complain under Article 13 that they did not have an effective remedy in respect of their respective complaints under Articles 5 and 8 of the Convention.
COMMON QUESTIONS
1. Do the applicants come within the jurisdiction of the Republic of Moldova and/or the Russian Federation within the meaning of Article 1 of the Convention as interpreted by the Court in the cases of Ilaşcu and Others v. Moldova and Russia [GC] (no. 48787/99, ECHR 2004-VII) and Catan and Others v. Moldova and Russia [GC] (nos. 43370/04, 8252/05 and 18454/06, §§ 102-123, 19 October 2012) on account of the circumstances of the present cases?
2. Do the measures taken against the applicant pupils, parents and legal guardian constitute a violation of their rights provided for in Article 2 of Protocol No. 1 to the Convention?
CASE SPECIFIC QUESTIONS
Application no. 30003/04
3. Do the measures taken against the applicant pupils constitute a violation of their right to respect for their private life and home, within the meaning of Article 8 of the Convention taken alone or in conjunction with Article 14 of the Convention?
4. Do the measures taken against the applicant pupils constitute a violation of their rights provided for in Article 2 of Protocol No. 1 to the Convention taken in conjunction with Article 14 of the Convention?
5. Did the applicant pupils have at their disposal effective remedies in respect of their complaint under Article 8 of the Convention, taken alone or in conjunction with Article 14 of the Convention, as required under Article 13 of the Convention?
6. Did the applicant pupils have at their disposal effective remedies in respect of their complaint under Article 2 of Protocol No. 1 to the Convention, taken alone or in conjunction with Article 14 of the Convention, as required under Article 13 of the Convention?
Application no. 40942/14
7. Do the facts of the case disclose a violation of Article 5 § 1 of the Convention in respect of Mr Iovcev, Ms Muntean and Mr Climov? In particular, was their deprivation of liberty by the “MRT” authorities “lawful” within the meaning of Article 5 § 1 of the Convention?
8. Do the measures of search and seizure of personal belongings taken against the applicants Mr Iovcev, Ms Muntean and Mr Climov constitute a violation of their right to respect for private life?
9. Do the measures taken in respect of Mr Iovcev, Ms Andrieș, Ms Chisin, Ms Gumaniuc, Ms Muntean, Ms Pădurean, Ms Pisarenco, Mr Climov, Mr Popșoi, Mr Calestru and Mr Sucitu constitute an interference with their right to cultural identity as part of their right to respect for private life? If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2?
10. Has there been an interference with the applicants’, Mr Iovcev, Ms Andrieș, Ms Muntean, Ms Pădurean, Mr Climov, Mr Popșoi, Mr Calestru and Mr Sucitu, right to respect for his private life, within the meaning of Article 8 § 1 of the Convention, as regards the use of secret surveillance measures? Is there a reasonable probability that the applicants would be victims of such interference? Were there sufficient safeguards against illegal surveillance?
11. Did the respective applicants have at their disposal effective remedies in respect of their complaints under Article 5 § 1 and Article 8 of the Convention, as required under Article 13 of the Convention?
APPENDIX
No.
Application
no. and date of lodging, name of the applicants’ representative
Applicants’ name, date of birth,
place of residence and occupation,
name of representative
Complaint under Article 2 of Protocol No. 1 to the Convention
Complaint under Article 5 of the Convention
Complaint under Article 8 of the Convention
Other communicated complaints
30003/04, lodged on
16/08/2004
All applicants are represented by
Vladislav GRIBINCEA and Veaceslav ŢURCAN, lawyers practising in Chişinău
Gheorghe BOBEICO, born on 22/04/1993
Anastasia GOTCA born on 20/03/1995
Ana CAZACIOC born on 21/12/1992
Vera CEBOTARI born on 04/06/1994
Tatiana COADĂ born on 02/12/1992
Ilie GHERASIM born on 16/08/1994
Alexandru GOLAN born on 28/04/1993
Constantin GOLAN born on 31/05/1993
Alexandru IORGOGLO born on 09/08/1993
Vladimir IORGOGLO born on 05/02/1996
all live in Bender, pupils
yes
-
yes
Article 13 and 14 taken in conjunction with Article 8 of the Convention and Article 2 of Protocol No. 1 to the Convention
Maria UNGUREANU born on 20/09/1951,
lives in Bender, head teacher and legal guardian of the other applicants
yes
-
Article 13 and 14 taken in conjunction with Article 2 of Protocol No. 1 to the Convention
40942/14, lodged on
28/05/2014
All applicants are represented by
Alexandru POSTICA, Nicoleta HRIPLIVÎI, Vadim VIERU, lawyers practising in Chişinău, and members of the non-governmental organisation Promo-Lex
Lucian Blaga School in Tiraspol
Ion IOVCEV, born on 12/06/1951
lives in Caragaş, head teacher
-
yes
yes
Article 13 taken in conjunction with Articles 5 and 8 of the Convention
Tatiana ANDRIEȘ, born on 04/03/1954,
lives in Blijnii Hutor, deputy head teacher
-
-
yes
Article 13 taken in conjunction with Article 8 of the Convention
Maxim BELAN, born on 14/10/1996,
lives in Fîrladeni, pupil
yes
-
-
-
Vasile BUZUC, born on 02/01/1967,
lives in Copanca, parent
yes
-
-
-
Ion BUZUC, born on 02/09/1998,
lives in Copanca, pupil
yes
-
-
-
Silvian CHISIN, born on 17/05/2003,
lives in Fîrladeni, pupil
yes
-
-
-
Lilia CHISIN, born on 01/11/1978,
lives in Fîrladeni, parent and teacher
yes
-
yes
Article 13 taken in conjunction with Article 8 of the Convention
Ecaterina GUMANIUC, born on 16/11/1956,
lives in Tiraspol, teacher
-
-
yes
Article 13 taken in conjunction with Article 8 of the Convention
Tamara MUNTEAN, born on 15/05/1967,
lives in Tiraspol, accountant
-
yes
yes
Article 13 taken in conjunction with Articles 5 and 8 of the Convention
Raisa PĂDUREAN, born on 26/03/1964,
lives in Tiraspol, deputy head teacher
-
-
yes
Article 13 taken in conjunction with Article 8 of the Convention
Elena PISARENCO, born on 06/06/1963,
lives in Tiraspol, teacher
-
-
yes
Article 13 taken in conjunction with Article 8 of the Convention
Valeriu CLIMOV, born on 02/04/1952,
lives in Slobozia, driver
-
yes
yes
Article 13 taken in conjunction with Articles 5 and 8 of the Convention
Mihai Eminescu School in Dubăsari
Ion POPSOI, born on 12/08/1943,
lives in Cocieri, head teacher
-
-
yes
Article 13 taken in conjunction with Article 8 of the Convention
Gheorghe CALESTRU, born on 01/06/1947,
lives in Dubăsari, deputy head teacher
-
-
yes
Article 13 taken in conjunction with Article 8 of the Convention
Ștefan cel Mare School in Grigoriopol
Vera VINTILOV, born on 23/03/1960,
lives in Krasnaia Gorka, parent
yes
-
-
-
Vasile ȘLEMCO, born on 07/09/1995,
lives in Krasnaia Gorka, pupil
yes
-
-
-
Stanislav ȘLEMCO, born on 10/07/1998,
lives in Krasnaia Gorka, pupil
yes
-
-
-
Secondary school in Corjova
Constantin SUCITU, born on 03/05/1942,
lives in Corjova, head teacher
-
-
yes
Article 13 taken in conjunction with Article 8 of the Convention
Full & Egal Universal Law Academy