CASE OF ILAŞCU AND OTHERS v. MOLDOVA AND RUSSIA

Remainder inadmissible;No violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect) (the Republic of Moldova);Violation of Article 3 - Prohibition of torture (Article 3 - Torture) (Substantive aspect) (Russia);Violation of Article 3 - Prohibition of torture (Article 3 - Torture) (Substantive aspect) (the Republic of Moldova);Violation of Article 3 - Prohibition of torture (Article 3 - Torture) (Substantive aspect) (Russia);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect) (the Republic of Moldova);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect) (Russia);No violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention;Procedure prescribed by law;Article 5-1-a - Competent court) (the Republic of Moldova);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention;Procedure prescribed by law;Article 5-1-a - Competent court) (the Republic of Moldova);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention;Procedure prescribed by law;Article 5-1-a - Competent court) (Russia);No violation of Article 1 of Protocol No. 1 - Protection of property;Violation of Article 34 - Individual applications (Article 34 - Hinder the exercise of the right of petition) (the Republic of Moldova) (Russia);Violation of Article 34 - Individual applications (Article 34 - Hinder the exercise of the right of petition) (Russia);Pecuniary damage - award;Non-pecuniary damage - award

Luzius Wildhaber;Nicolas Bratza;Paul Mahoney

The applicants , who were NORP nationals when the application was lodged , were born in DATE , DATE , DATE and DATE respectively . At the time when they lodged their application , they were detained in the NORP part of GPE .

Although detained , Mr PERSON was twice elected to the NORP parliament , from DATE . As a member of parliament , he was appointed to form part of the NORP delegation to ORG of ORG . On DATE Mr PERSON acquired NORP nationality . In DATE he was elected to the ORG of the NORP parliament and appointed as a member of the NORP delegation to ORG of ORG .

Mr Leşco and Mr GPE acquired NORP nationality in DATE .

Mr PERSON was released on DATE ; since then he has lived in GPE ( GPE ) . The second and third applicants ' homes are in PERSON ( GPE ) , whereas the fourth applicant lives in PERSON ( GPE , GPE ) . At present all CARDINAL of them are detained in PERSON .

In view of the fact that , in the applicants ' submission , it was impossible for them to apply to the ORG directly , the application was lodged by their wives , PERSON , PERSON and ORG , and by the fourth applicant 's sister , PERSON .

The second applicant was represented before the ORG by Mr A. GPE , of ORG . The other applicants were represented by PERSON , of ORG , until his death in DATE . Since DATE they have been represented by PERSON , of ORG .

NORP In order to establish the facts , the ORG based itself on documentary evidence , the observations of the parties , and the statements of the witnesses who gave evidence on the spot , in PERSON and PERSON .

In assessing the evidence for the purpose of establishing the facts , the ORG considers that the following elements are relevant .

( i ) In assessing both written and oral evidence , the ORG has hitherto generally applied “ beyond a reasonable doubt ” as the standard of proof required . Such proof may follow from the coexistence of sufficiently strong , clear and concordant inferences or of similar unrebutted presumptions of fact ; in addition , the conduct of the parties in relation to the ORG 's efforts to obtain evidence may constitute an element to be taken into account ( see , mutatis mutandis , GPE v. the GPE , judgment of DATE , Series A no . CARDINAL , pp . DATE , § CARDINAL , and PERSON v. GPE [ ORG ] , no . CARDINAL , § CARDINAL , ORG CARDINAL-VII ) .

( ii ) As regards the statements taken down by the delegates , the ORG is aware of the difficulties that may arise in assessing such depositions obtained through interpreters : it has therefore paid particular attention to the meaning and weight to be given to the witnesses ' statements to the delegates . The ORG is likewise aware that a large number of relevant facts concern events which took place DATE in an obscure and particularly complex context , which makes some degree of imprecision about dates and other details inevitable . It does not consider that that in itself can cast doubt on the credibility of the witness evidence .

( iii ) In a case where there are contradictory and opposing accounts of the facts , the ORG is inevitably confronted with difficulties which any court of first instance is bound to meet when seeking to establish the facts , regard being had , for example , to the fact that it does not have direct and detailed knowledge of the conditions obtaining in the region . Moreover , the ORG has no powers to compel witnesses to appear . In the present case , out of CARDINAL witnesses called , CARDINAL did not appear before the delegates . Consequently , the ORG found itself having to deal with the difficult task of establishing the facts in the absence of potentially important depositions .

With the assistance of the parties , the ORG conducted an on - the - spot investigation , in the course of which it took evidence from the following DATE witnesses :

( a ) on the particular circumstances of the applicants ' arrest , conviction and detention : the applicants ; PERSON and PERSON , the wives of the second and third applicants ; PERSON , the sister of the fourth applicant ; Mr GPE , detained in DATE with the applicants ; PERSON , a doctor who examined the applicants in DATE - CARDINAL while they were detained in PERSON and ORG ; Mr PERSON , a doctor who examined the applicants in DATE - CARDINAL while they were detained in PERSON and ORG ; Mr PERSON , the governor of ORG no . CARDINAL ; Mr PERSON , the governor of ORG from DATE to DATE ; Mr PERSON , the governor of ORG ; Mr PERSON , “ Director of ORG of the FAC ; and Mr PERSON , a doctor at FAC since DATE ;

( b ) on the measures taken by GPE to secure the applicants ' release and on relations between GPE , GPE and GPE , various NORP officials and politicians : Mr PERSON , Attorney - General of GPE from DATE until DATE ; Mr PERSON , Attorney - General of GPE from DATE to CARDINAL DATE ; PERSON , Attorney - General of GPE since DATE ; PERSON , Deputy Attorney - General of GPE from DATE and Minister of ORG from DATE ; Z , a former NORP government minister ; PERSON , Deputy Minister of ORG since DATE ; PERSON , a former NORP senior official ; Mr PERSON , President of GPE from DATE ; Mr PERSON , President of the NORP parliament from DATE ; Y , a former NORP diplomat ; PERSON , Prime Minister of GPE from DATE to DATE ; PERSON PERSON , GPE 's Minister of Security in DATE ; Mr ORG , general in the NORP army from DATE ; Mr PERSON , former Director of ORG ; PERSON , Director of ORG ; Mr PERSON , Minister of Defence in DATE ; Mr PERSON , Director of ORG ; PERSON , member of the NORP parliament from DATE ; PERSON , Deputy Prime Minister in DATE and adviser to the President of GPE from DATE ; Mr PERSON , member of the NORP parliament ; and Mr PERSON , NORP Minister of Defence from DATE .

( c ) on the presence of the ORG and ORG peacekeeping troops in the NORP region of GPE , soldiers from those units : General PERSON , commander of the PERSON ; Colonel PERSON , officer commanding the ORG ; PERSON , former member of the command structure of the ROG ; Colonel PERSON , commander of GPE peacekeeping troops in the NORP region of GPE ; Lieutenant - Colonel PERSON , president of the military tribunal attached to the ORG ; Lieutenant - Colonel PERSON , military prosecutor attached to the ORG ; and Mr PERSON , former military prosecutor attached to ORG and the ROG .

The NORP GPE , which was set up by a decision of ORG of the GPE on DATE , was formed from a part of ORG taken from GPE on DATE following ORG between the GPE and GPE , where the majority of the population were NORP speakers , and a strip of land on the left bank of the Dniester in GPE ( GPE ) , GPE , which was transferred to it in DATE , and is inhabited by a population whose linguistic composition in DATE , according to publicly available information , was PERCENT NORP , PERCENT NORP , PERCENT NORP and PERCENT others . NORP became the new NORP republic 's official language . In public life , the NORP authorities imposed the use of NORP script for written NORP , which thus became “ NORP ” and took second place after LANGUAGE .

In DATE and DATE ORG enacted CARDINAL laws introducing the NORP alphabet for written NORP ( NORP ) and making that language the country 's first official language , in place of LANGUAGE .

On DATE ORG adopted a new tricolour flag ( red , yellow and blue ) with the NORP heraldic device and a national anthem which , at that time , was the same as GPE 's . In DATE , against a background of autonomist and independence movements within GPE , the NORP Soviet GPE took as its new name the GPE Soviet GPE . It proclaimed its sovereignty on DATE ( ORG information document of DATE see note to paragraph CARDINAL above ) .

On DATE the GPE changed its name to GPE .

On DATE the “ GPE ( the “ FAC ) was proclaimed . On DATE the “ ORG of the FAC ” adopted the declaration of independence of the “ FAC .

To date , the “ FAC has not been recognised by the international community .

On DATE the NORP parliament adopted LAW , whose territory included GPE . At that time , GPE did not have its own army and the first attempts to create CARDINAL took place DATE . The NORP parliament asked the Government of the GPE “ to begin negotiations with ORG in order to put an end to the illegal occupation of GPE and withdraw NORP troops from GPE territory ” .

After the declaration of independence of GPE , ORG of the military district of GPE of ORG of the GPE ( “ the CARDINALth Army ” ) , whose headquarters had been in PERSON DATE , remained in GPE territory . Large - scale movements of equipment were nevertheless reported from DATE onwards : among other transfers , large quantities of equipment began to be withdrawn from NORP territory .

During DATE , ORG was composed of CARDINAL soldiers , infantry units , artillery ( notably an anti - aircraft missile system ) , armoured vehicles and aircraft ( including planes and strike helicopters ) , and had a number of ammunition stores , including CARDINAL of the largest in LOC at NORP in GPE .

In addition to the weaponry of ORG , PERSON , “ ORG to the ORG , ORG and ORG ” ( ORG – PERSON ) , a ORG organisation situated in GPE territory set up in DATE to prepare the civilian population for war , had a stock of ammunition .

After the proclamation of GPE 's independence , the PERSON equipment situated in that part of the national territory controlled by ORG passed into their hands and the remainder DATE located in GPE – passed into those of the NORP separatists .

On DATE the “ ORG of GPE issued an order placing all establishments , enterprises , organisations , militia units , public prosecutors ' offices , judicial bodies , ORG units and other services in GPE , with the exception of military units belonging to the NORP armed forces , under the jurisdiction of GPE . Officers , non - commissioned officers , and other ranks of military units stationed in GPE were urged to “ show civic solidarity and mobilise to defend GPE alongside workers ' representatives in the event of invasion from GPE ” .

On DATE the “ President of ORG of the NORP Soviet GPE decided to place the units of the NORP armed forces deployed in GPE under the jurisdiction of the “ Republic ” .

By Decree no . CARDINAL of CARDINAL DATE , the President of GPE , PERSON , 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 .

On DATE GPE , GPE and GPE signed ORG , noting the end of GPE existence and setting up ORG ( CIS – see paragraph CARDINAL below ) .

On DATE CARDINAL member GPE of the GPE , including GPE and GPE , signed the Alma - Ata Declaration , which confirmed and extended the Minsk Agreement setting up the ORG . PERSON also confirmed that , through the establishment of the ORG , the GPE had ceased to exist and that the ORG was neither a ORG nor a supra - State entity . ORG of the ORG was also set up and decided to support GPE as the successor to the GPE at ORG , including ORG , and in other international organisations .

On DATE GPE became a member of ORG . On DATE it was admitted to ORG .

On DATE the NORP parliament ratified , with certain reservations , the treaty providing for GPE 's accession to the ORG , signed by the NORP President at PERSON on DATE ( see paragraph CARDINAL below ) .

The statements made to the ORG 's delegates during the on - the - spot investigation have confirmed that military operations took place during the conflict ( see PERSON : Mr GPE , § § CARDINAL and CARDINAL - CARDINAL ; X , § § CARDINAL , CARDINAL and CARDINAL ; Mr LOC and CARDINAL ; Mr NORP , § § CARDINAL - CARDINAL ; Y , § CARDINAL ; Z , § § CARDINAL and CARDINAL - CARDINAL ; ORG , § § CARDINAL - CARDINAL and CARDINAL ; PERSON , ORG § CARDINAL , CARDINAL and CARDINAL ; and PERSON , § § CARDINAL - CARDINAL ) . These military operations are also attested to by other documents in the file .

The respondent Governments did not contest the veracity of the detailed information set out below , although they gave different interpretations of the facts ( see paragraphs CARDINAL , DATE , DATE , and CARDINAL - CARDINAL below ) .

From DATE onwards , movements of resistance to GPE independence began to form in southern GPE ( GPE ) and the east of the country ( GPE ) .

Armed clashes broke out on a limited scale between the NORP separatists and the NORP police as early as DATE in eastern GPE , at PERSON , on the left bank of the Dniester .

In DATE that followed , the NORP authorities created paramilitary units called “ workers ' detachments ” , on the basis of which a professional and fully equipped “ NORP Guard ” was formed in DATE ( see the previously cited PERSON information document of DATE note to paragraph CARDINAL above ) .

The applicants alleged that on CARDINAL DATE the GPE 's Minister of Defence had ordered the commander of ORG , ORG , to call up reservists to make up the complement of the ORG troops deployed in GPE and to put these troops and their military equipment on combat footing . He allegedly justified that order in the following terms : “ Given that GPE is NORP territory and that the situation there has deteriorated , we must defend it by all means possible . ”

On DATE a presidential election – declared illegal by the GPE authorities DATE was organised in the provinces ( raioane ) on the left bank of ORG . PERSON was elected “ President of the FAC ” .

By a decree of CARDINAL DATE , Mr PERSON decided to place “ the military units deployed in GPE , attached for the most part to the GPE military district , under the command of the head of ORG of GPE . The head of that department , Mr PERSON , who was also the commander of ORG ( see paragraph CARDINAL below ) , was requested to take all necessary measures to put an end to transfers and handovers of weaponry , equipment and other property of the NORP army in the possession of the military units deployed in GPE . The declared aim of that measure was to preserve , for the benefit of the NORP separatist regime , the weapons , equipment and assets of the NORP army in GPE .

In DATE the GPE authorities arrested Lieutenant - General Iakovlev in NORP territory , accusing him of helping the NORP separatists to arm themselves by using the weapons stocks of ORG . He was taken to NORP territory for the purposes of the investigation .

According to the applicants , Lieutenant - General PERSON was arrested by the GPE authorities and accused of arming the separatists . After his arrest he had allegedly made statements confirming ORG intervention in the conflict and its support for GPE , and these had been recorded on CARDINAL cassettes . However , they contended that ORG had been released as a result of the intercession with the GPE authorities of a NORP general , PERSON , who had travelled from GPE to PERSON for that very reason .

ORG did not comment on this point .

Although several witnesses made the assertion ( see PERSON : Mr PERSON , § CARDINAL ; PERSON , § CARDINAL ; Z , § CARDINAL ; and PERSON , § MONEY ) , the ORG can not accept that it has been established beyond a reasonable doubt that Lieutenant - General Iakovlev was released in exchange for a number of NORP police officers held prisoner by the NORP forces . It has heard different accounts of the exact reasons for ORG release and , in the absence of any documentary evidence about what took place during the investigation or about his release , it can neither dismiss nor accept the accounts of the witnesses , most of whom , in the delegates ' opinion , were generally credible .

On the other hand , the ORG notes that all the witnesses questioned on the subject agreed that a NORP general had travelled from GPE to PERSON to obtain ORG release .

The ORG accordingly considers it to be established beyond a reasonable doubt that the authorities of GPE interceded with the GPE authorities to obtain the release of ORG .

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

The applicants referred to a number of facts which gave a precise indication of the course of the fighting . These facts were not contested by the respondent ORG or rebutted by the witness evidence taken by the delegates during the on - the - spot investigation .

On DATE , in an appeal to the international community and ORG , the President of GPE , PERSON , the President of the NORP parliament , PERSON , and the Prime Minister , PERSON , 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 , which had been under the command of ORG since a date which has not been specified . 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 .

By a decree of CARDINAL DATE , Mr PERSON , the “ President of the FAC ” , created the “ armed forces of the FAC ” from troops and formations stationed in the territory of the “ FAC , with the exception of the armed forces making up the “ Strategic Peacekeeping Forces ” .

In DATE ORG was relieved of command of ORG by the command of the combined armed forces of the ORG . By a decision of DATE of the commander - in - chief of the joint armed forces of the ORG , ORG was placed at the disposal of ORG of the LOC of the city of GPE ( GPE ) .

NORP In DATE , during clashes with the NORP security forces , a number of military units of the GPE , and later of GPE , went over with their ammunition to the side of the NORP separatists , and numerous items of ORG military equipment fell into separatist hands .

The parties disagreed about how these weapons came to be in the possession of the NORP .

The applicants submitted that ORG had armed the separatists in CARDINAL ways : firstly , ammunition stores belonging to ORG had been opened up to the separatists ; secondly , ORG personnel had offered no resistance when separatist militiamen and civilians tried to seize military equipment and ammunition . For example , no force had been used against ORG , led by PERSON .

The ORG notes the explanation given by an ORG officer ( see PERSON : Colonel PERSON , § CARDINAL ) about the forcible seizure of weapons by women and children and observes that this account was contested by all the GPE witnesses questioned on the subject .

The ORG considers it highly improbable that women and children could have seized weapons and ammunition guarded by armed military personnel in locked stores without the guards ' agreement .

In short , the ORG considers it to have been established beyond a reasonable doubt that NORP separatists were able to arm themselves with weapons taken from the stores of ORG stationed in GPE . The ORG troops chose not to oppose the separatists who had come to help themselves from the ORG 's stores ; on the contrary , in many cases they helped the separatists equip themselves by handing over weapons and by opening up the ammunition stores to them ( see PERSON : Mr GPE , § DATE ; Mr PERSON , LAW ; PERSON , § § DATE and CARDINAL ; Mr ORG , § CARDINAL ; and PERSON , § CARDINAL ) .

The applicants asserted that ORG troops had joined the separatist side with the evident approval of their superiors .

The CARDINALth ORG 's ORG sapper battalion , under the orders of General PERSON , had gone over to the separatist side . That information has been confirmed by ORG . The applicants went on to say that at the time of this “ transfer ” the sappers were in possession of a considerable number of PERSON rifles , cartridges , ORG and ORG pistols , grenades and grenade launchers and air - to - ground rocket launchers . It was the ORG battalion which had destroyed the bridges at PERSON , PERSON and GPE .

The applicants further asserted that , on DATE , armoured combat vehicles , mine throwers , battle tanks and armoured transport vehicles were transferred from ORG units to the separatists . In addition , during the fighting , DATE ORG helicopters had taken part in transporting ammunition and the wounded on the separatist side .

In a written statement sent to the ORG by PERSON representative on DATE , PERSON , a former volunteer attached to ORG from DATE to CARDINAL DATE , said that during that period , as evidenced by a certificate issued by ORG , she had worked for the general staff of the NORP army , at ORG command and espionage centre , under the name of PERSON . While working there , she had sent ORG of documents confirming the participation of NORP troops in the armed operations and the massive contribution of weapons they had made . She had also gathered information proving that the separatists ' military operations were directed by ORG , which coordinated all its actions with ORG of GPE .

The applicants asserted that CARDINAL of NORP ORG had come from GPE to fight alongside the separatists ; ORG , a NORP association , had been recognised by the NORP authorities . They alleged that the arrival of the ORG from GPE had not been hindered in any way by the NORP authorities , in spite of the appeal to them made by the NORP President , Mr PERSON . On the contrary , ORG officers had welcomed CARDINAL ORG at DATE and armed them . The applicants asserted in that connection that , whereas in DATE there had been no ORG in GPE territory , CARDINAL ORG who had come from GPE were now living in NORP territory .

ORG submitted that ORG could be found in other parts of the world and that everyone had the right to freedom of movement .

The ORG notes that several documents in the file and statements taken down by the delegates show that large numbers of ORG and other NORP nationals went to GPE to fight alongside the separatists . It further notes that ORG have not denied this .

The ORG accordingly considers it to be established beyond a reasonable doubt that large numbers of NORP nationals went to GPE to fight in the ranks of the NORP separatists against the NORP forces .

In a book published in DATE by the publishing house ORG and entitled General PERSON Russian Enigma , the author , PERSON , supplies plentiful evidence , backed up by documentary sources , of the support given by ORG to the NORP separatists . The book mentions , for example , the creation by General PERSON of the NORP joint defence headquarters and the participation by ORG in the military operations conducted by the NORP forces against the NORP “ enemy ” .

Referring to this book , the applicants mentioned by way of example the destruction of a NORP unit by ORG at PERSON on DATE and the shelling by ORG of several NORP positions at GPE , ORG DATE and DATE .

The other parties did not comment on the information given in the book .

The applicants further submitted that the bridge abutments on the left bank of the Dniester had been mined by ORG personnel .

The ORG notes that CARDINAL witness directly involved at the highest level in the military operations during the conflict asserted that part of the territory on the left bank of the PERSON had been mined , that this work had been done by specialists , and that after the end of the conflict the NORP army had had to have recourse to foreign specialists in order to demine the area ( see PERSON : PERSON , § MONEY ) . That information was not disputed by the other parties .

Taking account also of the witness 's credibility , the ORG can take it to be established that part of NORP territory situated on the left bank of the PERSON was mined by the forces opposing the NORP army . On the other hand , it notes that this witness was unable to assert categorically that the mines had been laid by ORG personnel , but merely contended that logically work of such a technical level could only have been carried out by professionals , that is by ORG troops . It likewise notes that this witness asserted that the separatists had seized anti - personnel mines previously held in the CARDINALth ORG 's stores . In the circumstances , the ORG considers that this assertion is not certain “ beyond a reasonable doubt ” and therefore can not take it as established that it was CARDINALth ORG or ORG personnel who laid mines on the left bank of the Dniester .

ORG asserted that they had never claimed that the army of GPE had been legally stationed in GPE territory , or that ORG had not intervened in the NORP conflict .

On the contrary , they asserted , as appeared from the witness evidence taken by the ORG 's delegates , that ORG had intervened actively , both directly and indirectly , in the NORP conflict , against the armed forces of GPE . The NORP separatists had been able to arm themselves with weapons belonging to ORG and with ORG complicity . ORG considered that no faith could be placed in assertions that women had forcibly seized weapons and ammunition from the CARDINALth ORG 's stores . Moreover , not a single NORP soldier had subsequently been disciplined for negligence or complicity in the seizure of equipment from ORG stores .

ORG argued that ORG had been in GPE when the NORP conflict broke out . The NORP military forces as such had taken no part whatsoever in the fighting and had not been involved in the acts complained of . However , where illegal armed operations had been carried out against soldiers of ORG , appropriate measures had been taken in accordance with international law . In general , ORG were prepared to accept as a hypothesis that individuals claiming allegiance to ORG might have taken part in the acts in issue , but emphasised that if that had been the case such conduct would have constituted a gross breach of NORP legislation , for which the individuals responsible would have been punished .

ORG went on to say that GPE had remained neutral in the conflict . In particular , it had not supported the combatants in any way , whether militarily or financially .

The ORG notes that all the NORP witnesses questioned categorically confirmed the active involvement , whether direct or indirect , of ORG , and later of the ROG , in the transfer of weapons to the NORP separatists . They also confirmed the participation of NORP troops in the conflict , particularly the involvement of tanks bearing the flag of GPE , shots fired towards the NORP positions from units of ORG and the transfer of a large number of ORG troops to the reserves so that they could fight alongside the NORP or train them ( see PERSON : PERSON , § CARDINAL ; and Mr Creangă , § CARDINAL ) .

These assertions are corroborated by the information contained in LOC report no . CARDINAL of DATE , added to the file by ORG , and by other sources ( see PERSON : Mr NORP , § CARDINAL ) . In that connection , the ORG notes both the abundance and the detailed nature of the information in its possession on this subject .

It sees no reason to doubt the credibility of the NORP witnesses heard , and notes that their assertions are corroborated by ORG , who confirmed these facts in all of the observations they submitted throughout the proceedings .

As to ORG allegation that the witnesses belonged to political circles opposed to GPE , the ORG notes that this has not been substantiated .

Moreover , it is not possible for the ORG to determine precisely on the basis of the statements taken what the relative strengths of the combatants were . However , regard being had to the support given by the troops of ORG to the separatist forces and the massive transfer of arms and ammunition from ORG stores to the separatists , it is certain that the NORP army was in a position of inferiority that prevented it from regaining control of GPE ( see Annex : Z , § CARDINAL ; and PERSON , § CARDINAL ) .

On DATE the NORP parliament protested against the silence of the NORP authorities , amounting to complicity in its view , about the support allegedly given to the NORP separatists by armed groups of ORG from GPE belonging to ORG , an association recognised by the NORP authorities . The NORP parliament asked ORG of GPE to intervene , with a view to securing the immediate withdrawal of ORG from NORP territory .

On DATE the Ministers for Foreign Affairs of GPE , GPE , GPE and GPE met in GPE , where they adopted a declaration laying down a number of principles for the peaceful settlement of the conflict . At further meetings held in DATE and DATE in PERSON , the CARDINAL ministers decided to set up ORG and a group of military observers to supervise observance of any ceasefire .

DATE . On DATE the NORP parliament protested about interference by GPE in GPE affairs after the Presidium of ORG of GPE issued a declaration on DATE recommending to GPE solutions for the settlement of the NORP conflict consistent with respect for the rights of the “ NORP people ” .

On DATE the President of GPE , Mr PERSON , decreed a state of emergency . He noted that “ adventurers ” had created on the left bank of the Dniester , “ not without outside help ” , a “ pseudo - State ” , and that , “ armed to the teeth with the most up - to - date equipment of the NORP army ” , they had unleashed armed conflict , doing everything they could to bring about the intervention in the conflict of ORG of the combined armed forces of the ORG . Under the state of emergency , ORG and of the ORG and other relevant bodies , acting in concert with the units of the NORP army , were ordered by the President to take all necessary measures to break up and disarm illegally armed formations and seek out and bring to justice all those who had committed crimes against the organs of the ORG and the population of the LOC . The founders of the “ so - called GPE ” and their accomplices were enjoined to dissolve illegal armed formations and surrender to the organs of the Republic .

By Decree no . CARDINAL of DATE , the President of GPE placed the military formations of the GPE stationed in GPE territory , including those on the left bank of the PERSON , under the jurisdiction of GPE , so that ORG became ORG in the NORP region of GPE ( “ the ROG ” or , as previously , “ the CARDINALth Army ” ) .

By Decree no . CARDINAL of DATE , the “ President of the FAC ” , PERSON PERSON , relieved Lieutenant - General Iakovlev of command of the “ Defence and Security Department of the FAC ” .

On DATE ORG , the commander of the ROG ( the CARDINALth Army ) , 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 .

The applicants alleged that , after that ultimatum from ORG , joint military exercises between ORG and the separatists began on the former 's shooting range in PERSON .

On DATE the NORP President , Mr PERSON , sent a telegram to the heads of State of the member countries of the ORG , to the commander of the combined armed forces of the ORG and to the commander of ORG , drawing their attention to the fact that ORG was failing to remain neutral .

On DATE PERSON , the Vice - President of GPE , went to PERSON . As evidenced by the press articles the applicants submitted to the ORG , which have not been contested by the other parties , PERSON first visited a military unit of ORG and then went to PERSON 's central square , in the company of Mr PERSON . In a speech to the CARDINAL people present , Mr Rutskoy declared that Mr Snegur did not wish to engage in dialogue and that the best solution would be a confederation in which NORP and NORP would live together on an equal footing . Lastly , he said that ORG should act as a buffer between the combatants so that the NORP people could obtain their independence and their sovereignty and work in peace .

DATE . By Order no . CARDINAL of DATE from the commander - in - chief of the combined armed forces of the ORG , it was decided that only troops and units of ORG stationed in the territory of the former GPE could form the basis for the creation of the armed forces of GPE .

CARDINAL military units which had been part of ORG decided to join the new army of GPE . These were a unit at ORG ( ammunition store no . DATE ) , the CARDINALth artillery regiment at GPE and the ORG rocket artillery regiment at GPE .

The soldiers of the CARDINALth independent battalion of sappers and firemen of ORG refused to enlist in the armed forces of GPE and “ placed themselves under the jurisdiction of the NORP region ” , according to the terms used by ORG .

In a message sent in DATE to the commander - in - chief of the combined armed forces of the ORG , the President of GPE , PERSON , declared that the events in GPE were prompted and supported by “ the imperial and pro - communist structures of the GPE and their legal successors ” and that ORG had not been neutral in the conflict . In that connection , he emphasised that the NORP military formations were equipped with modern weapons which had belonged to the former NORP army and that large numbers of NORP citizens had taken part in the conflict on the separatist side as mercenaries .

In a letter sent in DATE to the leaders of the member countries of ORG , the LOC and the ORG , PERSON accused the commander of ORG of arming the NORP units in DATE and complained of the attitude of the CARDINALth ORG of GPE , which had called for the continuing presence in GPE of units of the army of GPE as “ pacification forces ” . Lastly , Mr PERSON observed that CARDINAL essential condition for the peaceful settlement of the NORP conflict was the rapid withdrawal of the army of GPE from GPE territory , and asked the international community to support the young GPE in its struggle for freedom and democracy .

On CARDINAL DATE the President of the NORP parliament protested against the occupation of further parts of GPE on DATE by the forces of ORG , backed up by PERSON and NORP mercenaries and by NORP paramilitary forces . His statement pointed out that this military aggression on the part of GPE violated GPE 's sovereignty and all the rules of international law , making the negotiations then in progress to find a solution to the conflict in GPE a sham . The President accused GPE of arming the NORP separatists and asked ORG of GPE to call a halt to the aggression and withdraw NORP military forces from NORP territory .

NORP This protest was also directed against speeches deemed to be “ full of aggression ” towards GPE made in PERSON and GPE by Mr LOC , the Vice - President of GPE , and against a statement made on DATE by ORG of the ROG .

On DATE the NORP parliament sent a letter to ORG of GPE , expressing its gratitude to the NORP authorities , who had declined to join in the occupation of CARDINAL DATE .

On DATE the NORP parliament appealed to the international community , opposing the “ new aggression perpetrated in GPE on DATE by the forces of the CARDINALth Army ” and complaining that its actions of destruction and pillage had driven large numbers of civilians to flee their homes . The international community was urged to send experts to GPE to halt the “ genocide ” of the local population .

On DATE the President of GPE , PERSON , asked the Secretary - General of ORG , Mr PERSON , to inform the members of ORG of the “ assault on the town [ of GPE ] by the CARDINALth Army ” , which he viewed as “ direct and brutal ” interference in GPE internal affairs . He also expressed his concern about the statements of the President of GPE , PERSON , and its Vice - President , PERSON , “ which clearly show[ed ] that GPE [ was ] not prepared to abandon the ' rights ' it no longer possess[ed ] , either de jure or de facto , over a territory that no longer belong[ed ] to it after the dismemberment of the NORP empire ” . Mr PERSON concluded : “ The threats recently repeated against the legal leaders of GPE , an independent and sovereign ORG , by the NORP authorities are a cause for concern to the NORP public , since they seem to prefigure other means of interference in our internal affairs , that is , means and methods specific to the NORP communist imperialist system ... ”

In DATE , intense discussions took place within the ORG about the possibility of deploying a ORG peacekeeping force in GPE . Mention was made in that connection of an agreement signed in GPE in DATE concerning groups of military observers and strategic ORG peacekeeping forces .

At a ORG meeting held in GPE on DATE , it was decided to deploy in GPE , as a preliminary step , a ORG peacekeeping force made up of NORP , NORP , NORP , NORP and NORP troops , on condition that GPE requested this . Although the NORP parliament made such a request DATE , the force was never deployed since some countries had had second thoughts about their agreement to join a ORG force .

On DATE , at the Helsinki Summit of the ORG , the President of GPE , PERSON , asked for consideration to be given to the possibility of applying the ORG peacekeeping mechanism to the NORP situation . That was not done because there was not an effective and lasting ceasefire ( see the previously cited PERSON information document of DATE note to paragraph CARDINAL above ) .

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

The copy submitted to the ORG by ORG bears the signatures of Mr PERSON and Mr PERSON only . ORG supplied the ORG with a copy bearing the signatures of Mr PERSON and PERSON PERSON , as the Presidents of GPE and GPE respectively . Underneath the signature of PERSON , that copy also bears the signature of PERSON , without any indication of his status .

Mr PERSON 's signature is not on the copy submitted by ORG . In his statement to the ORG 's delegates , Mr PERSON confirmed that the official document in CARDINAL copies was signed by him and Mr GPE only ( see PERSON : Mr Snegur , § CARDINAL ) .

As appears from the witness evidence given to the ORG , the broad lines of the agreement were drafted by the NORP side , which presented it for signature to the Moldovans ( see Annex : Z , § CARDINAL ) .

ORG argued that under the terms of LAW DATE , GPE signed the agreement not as a party to the conflict but as a peace broker .

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 , a ORG ( “ the ORG ” ) was set up , composed of representatives of GPE , GPE and GPE , with its headquarters in GPE ( PERSON ) .

The agreement also provided for peacekeeping forces 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 self - government , if necessary acting together with the control commission ” . The ORG was given the task of maintaining order in GPE , together with the police .

DATE of GPE , 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 .

Lastly , the measures provided for in the agreement were defined as “ a very important part of the settlement of the conflict by political means ” ( Article CARDINAL ) .

On DATE GPE adopted a new LAW . It provides , inter alia , that GPE is neutral , that it prohibits the stationing in its territory of troops belonging to other GPE and that a form of autonomy may be granted to regions which include some areas on the left bank of the Dniester ( see paragraph CARDINAL below ) .

On DATE GPE and GPE signed an agreement concerning the legal status of the military formations of GPE temporarily present in the territory of GPE and the arrangements and time - limits for their withdrawal ( see paragraph CARDINAL below ) .

LAW agreement provided that the withdrawal of the NORP army from NORP territory was to be synchronised with the political settlement of the NORP conflict and the establishment of a special status for the “ NORP region of GPE ” .

This agreement was not ratified by the authorities of GPE and so never came into force ( see paragraph CARDINAL below ) .

The applicants submitted that the NORP peacekeeping forces had not maintained strict neutrality , but had favoured the NORP by allowing them to change the balance of forces which had obtained between the parties at the time of the ceasefire of DATE .

On DATE the NORP delegation to the ORG sent a letter to the head of the NORP delegation to the ORG protesting about a proposal by the deputy commander of GPE land forces to transfer the powers of the NORP peacekeeping units to the units of the ORG , which the NORP delegation considered to be contrary to LAW CARDINAL DATE . The proposal was also deemed unacceptable in view of “ a certain level of politicisation of the men of the ORG and their lack of impartiality vis - à - vis the parties to the conflict ” . The NORP delegation referred to a number of infringements of the principle of neutrality set forth in the agreement of DATE , which included : the transfer of certain military equipment and ammunition by ORG to the unconstitutional authorities in PERSON ; training of “ FAC troops by the NORP army ; and transfers of military units from ORG to the “ FAC side – for example , the ORG sapper battalion , converted into an “ FAC artillery unit , the transfer of the fortress of GPE ( PERSON ) to the CARDINALnd “ FAC infantry brigade , or the transfer to the “ FAC ” of FAC , occupied by a ORG signals battalion .

The NORP delegation drew attention to the fact that “ FAC military units had been brought into the security zone with the connivance of the ORG 's NORP troops , that new paramilitary units had been formed in the town of GPE ( PERSON ) , which had been declared a security zone and was under the responsibility of the NORP peacekeeping forces , and that firms in GPE ( PERSON ) and PERSON were manufacturing weapons and ammunition .

The NORP delegation asked their government to consider the possibility of replacing the NORP peacekeeping forces in GPE by a multinational force under the auspices of ORG or the LOC . Lastly , the GPE delegation expressed their hope for rapid implementation of the agreement of CARDINAL DATE on the withdrawal of the armed forces of GPE from NORP territory .

In a letter dated DATE , the head of the NORP delegation to the ORG stated that the examples of an alleged lack of impartiality on the part of ORG personnel given by the NORP delegation in their letter of DATE were “ distortions ” and untrue . The NORP delegation considered that the agreement of DATE undoubtedly permitted GPE to transfer to the ROG duties which had been given to the peacekeeping forces and asked the NORP delegation to review their position and reconsider the proposals to that effect made by the NORP Minister of Defence .

On DATE in GPE , 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 , in which they undertook to settle any conflict they might have through negotiations , with the assistance , where necessary , of GPE and GPE , as guarantors of compliance with the agreements reached , and of the LOC and ORG . The memorandum was countersigned by the representatives of the guarantor GPE , namely PERSON for GPE and PERSON for GPE . It was also signed by PERSON , the OSCE President , who was present at the signing by the parties and the guarantor GPE .

Under the terms of the memorandum , the status of GPE is to be based on the following principles : decisions must be agreed by both sides , powers must be shared out and delegated , and guarantees must be secured reciprocally . GPE must 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 to unilaterally establish and maintain international contacts in economic , scientific , technical , cultural and other fields , to be determined by mutual agreement .

The memorandum welcomes the willingness of GPE and GPE to act as guarantors of compliance with the provisions contained in the documents defining the status of GPE and in the memorandum . The parties also confirmed the need to pursue the joint peacekeeping forces ' common activities in the security zone , in accordance with the agreement of DATE . In the event of a breach of the agreements , the memorandum also entitles the parties to seek consultations with the guarantor GPE with a view to measures being taken to normalise the situation . Lastly , the CARDINAL parties undertook to establish relations between themselves in the context of a shared ORG within the borders of the NORP SSR as it existed on DATE .

On DATE representatives of GPE , GPE , GPE and GPE signed in GPE ( GPE ) a number of documents intended to secure the settlement of the NORP conflict ( see paragraph CARDINAL below ) .

In observations submitted in DATE on a draft report on GPE by ORG Committee on the Honouring of Obligations and Commitments by Member States of ORG , ORG indicated that the separatist authorities were illegally removing weapons from the ORG 's stores “ with the tacit agreement of the authorities of GPE , whose peacekeeping forces are deployed in the security zone of the NORP region of GPE ” .

In a letter of DATE , the NORP delegation to the ORG sent a letter to the heads of the NORP and NORP delegations to the ORG protesting about the partiality of the commanders of the peacekeeping forces . They were accused of permitting the introduction of military equipment and ammunition into the security zone and the enlistment of NORP armed military units . The NORP delegation emphasised that these facts had been noted by the military observers on the ground and complained of the attitude of the commander of the NORP peacekeeping forces , who had neither monitored nor prevented the militarisation of the security zone , thus failing to respect the status of the peacekeeping forces . Lastly , the NORP delegation pointed out that such an attitude on the part of the NORP peacekeeping forces was an encouragement for the NORP .

ORG asserted that the peacekeeping forces respected the neutrality required by the agreement of CARDINAL DATE .

The ORG notes the witness evidence given by the commander of the NORP peacekeeping forces , Colonel PERSON ( see GPE , § CARDINAL ) , to the effect that the NORP peacekeeping forces complied with the agreement . The witness further declared that he was not aware of illegal acts by NORP in the zone controlled by the NORP forces .

The ORG observes , however , that the evidence in question is contradicted by the ORG 's official documents , which show , with an abundance of details , that in various areas of GPE under the control of the NORP peacekeeping forces , such as the area of GPE ( PERSON ) , NORP separatist forces were breaching the ceasefire agreement .

Having regard to the official nature of the ORG documents and the consistency of the information they contain , the ORG considers it to be established with a sufficient degree of certainty that , in the area under the responsibility of the NORP peacekeeping forces , the NORP have not discharged the obligations arising for them from the agreement of CARDINAL DATE .

On DATE the Presidents of the Republic of Moldova and GPE , PERSON and PERSON , signed a joint declaration , point CARDINAL of which states :

“ The Presidents advocated the rapid and fair settlement of the NORP conflict by exclusively peaceful means based on respect for the principle of GPE sovereignty and territorial integrity , and for international human rights standards . ”

In a document dated DATE analysing implementation of the NORP agreement of DATE on the principles for a peaceful settlement of the armed conflict in the GPE region of GPE , the NORP delegation to the ORG pointed to the failure of the NORP side to fulfil their obligations , in that they had created new military units , introduced weapons into the security zone and set up customs posts . The NORP delegation expressed concern about the fact that the joint military command had not taken any suitable steps to put an end to the situation but had merely noted the facts . The NORP delegation proposed that concrete measures to ensure that parties ' undertakings were honoured be discussed by ORG GPE and GPE . Lastly , the NORP delegation proposed that the function of military observer in the security zone be placed under the patronage of the LOC .

In DATE the NORP peacekeeping forces in GPE comprised CARDINAL soldiers , CARDINAL armoured vehicles , CARDINAL other vehicles and CARDINAL firearms .

To date , according to the witness evidence given to ORG ( see PERSON : Colonel Zverev , § CARDINAL ) , no soldier of ORG or the ORG has been employed in the NORP peacekeeping forces .

ORG . Meetings with the NORP side continue to take place to discuss various aspects of a possible solution to the situation in GPE .

At these negotiations , the NORP side persuaded the NORP to set up a commission to examine the possibility of pardoning all persons convicted and detained in GPE as a result of judgments pronounced by the NORP courts ( see PERSON : Mr Sturza , § § CARDINAL , CARDINAL and CARDINAL ) .

CARDINAL of the subjects regularly placed on the negotiations agenda is the immunity from prosecution requested by the NORP side for civil servants and officials of the NORP administration ( see PERSON : Mr Sturza , § CARDINAL ; and Mr PERSON , § CARDINAL ) .

NORP Since DATE a number of plans to give GPE a federal structure have been proposed by the LOC , the President of GPE and GPE .

The most recent negotiations , conducted with the help of the LOC , were based on proposals aimed at setting up a federal ORG in which GPE would be autonomous .

On DATE , in the context of negotiations with GPE , the NORP parliament adopted a protocol concerning the creation of a mechanism for drafting a federal constitution for GPE .

According to a press release put out by the LOC mission in GPE , the first meeting of the joint commission took place on DATE at ORG headquarters in GPE . At that meeting it was decided that a final text should be made ready by DATE so that LAW could be presented to all of the NORP people for adoption at a referendum to be organised in DATE .

As provided for in LAW of DATE , GPE and GPE began negotiations over the withdrawal of the ROG from NORP territory and its status pending such withdrawal .

GPE proposed in DATE that the ORG 's withdrawal from NORP territory should be timed to coincide with settlement of the NORP conflict ( see paragraph CARDINAL above ) , and GPE only accepted that proposal , which it considered counterproductive , on GPE 's insistence and after persuading GPE to declare itself in favour of the speedy release of the members of the ORG group ( see Annex : Y , § CARDINAL ) .

In a press release of CARDINAL DATE , ORG said that the GPE authorities were categorically opposed to any synchronisation between the political settlement of the NORP conflict and the withdrawal of the NORP armed forces from NORP territory , and that they sought the complete and unconditional withdrawal of the NORP armed forces , in accordance with the LOC 's decisions ( see paragraph CARDINAL below ) , especially as the LOC member GPE had set up a voluntary fund to finance the withdrawal in question .

Article CARDINAL of the agreement of DATE ( “ the first agreement ” ) provided for the withdrawal by GPE of its military formations within DATE from the entry into force of the agreement , with implementation of the withdrawal within the time - limit to take place simultaneously with a political settlement of the NORP conflict and the establishment of a special status for the “ NORP region of GPE ” ( see paragraph CARDINAL below ) . As regards the stages and dates for the final withdrawal of NORP troops , LAW provided that these were to be determined in a separate protocol to be concluded between the parties ' ORG .

Under LAW , the sale of any type of military technology , weapon or ammunition belonging to the military forces of GPE stationed in the territory of GPE could take place only by way of a special agreement between the governments of the CARDINAL countries .

According to LAW , PERSON military airport was to be used jointly by the aircraft of the PERSON and the “ civil aviation of the NORP region of GPE ” . A second agreement , also reached on DATE , between the NORP and NORP Ministers of Defence ( “ the second agreement ” ) governed the use of PERSON airport . It provided , for example , that flights to PERSON airport were to be made in accordance with the “ Provisional rules on the joint dispersed aviation of the military formations of GPE and the civil aviation of the NORP region of GPE ” , in coordination with GPE 's ORG civil aviation authority and ORG of GPE ( see paragraph CARDINAL below ) .

On DATE ORG adopted the decision to implement the agreement concerning the withdrawal of the NORP army from NORP territory . On a date which has not been specified , the Government of GPE decided to submit this agreement for ratification by the PERSON . On DATE , as the first agreement of DATE had still not been ratified by the PERSON , the Minister for ORG of GPE asked the PERSON to remove the matter from its order of business , on the ground that “ any decision by the ORG to reconsider this issue will depend on the evolution of relations with GPE and the NORP region and on a political settlement in the area ” . In DATE the agreement was removed from the PERSON 's order of business . It has still not come into force .

The second agreement was approved by ORG alone , on DATE .

The Moldovan Government emphasised that the words “ civil aviation of the NORP region of GPE ” , contained in the agreements with GPE , must be interpreted as a reference to the constitutional local authorities of GPE answerable to the central authorities , which did not apply to the NORP separatist regime .

ORG submitted that these words meant the present local authorities , which were seen as a mere business partner . They maintained that this did not amount in any way to official or political recognition of the “ FAC .

The ORG notes , firstly , that neither of the agreements of CARDINAL DATE has come into force , not having been ratified by GPE .

It further notes that , according to the witness evidence of Mr PERSON , the commander of the ROG , PERSON airport is used as a free space by both the NORP military forces and the NORP separatists . The airspace is monitored by GPE or NORP air - traffic controllers , depending on whether the territory over which the flight path crosses is NORP or GPE . It also appears that NORP aircraft can not take off from or land at PERSON airport without the authorisation of the relevant NORP authorities .

Flight security at Tiraspol airport is controlled by the NORP forces as regards NORP aircraft taking off , landing or parked on the ground , and by the NORP separatists as regards their aircraft . Neither the ORG authorities nor the NORP peacekeeping forces interfere with the way in which the NORP use PERSON airport . For their part , the NORP separatists do not interfere with the way in which the NORP forces use it ( see FAC : General PERSON , § CARDINAL ) .

It appears from a study by Mr PERSON , “ The military aspect of a settlement of the conflict in the eastern region of GPE ” ( published by ORG in DATE and submitted to the ORG by the applicants ) , that “ FAC military formations have taken over the control tower and the technical installations of PERSON airport , in breach of the agreement of DATE , while the ROG part of the airport is allegedly used for purposes other than those mentioned in the agreement , for example for visits to GPE by NORP politicians and for arms sales transactions .

The other parties did not comment on the above information .

Article CARDINAL of the first agreement provides that all accommodation , barracks , vehicle parks , shooting ranges and fixed machine tools , stores and the tools they contain left unused after the withdrawal of the military formations of GPE are to be transferred for management “ to the organs of the local public administrative authorities of GPE ” in the quantity existing de facto . It also provides that the arrangements for the transfer or sale of the immovable property assets of the NORP military are to be determined in an agreement to be reached for that purpose between the parties ' governments .

According to LAW , with a view to ensuring the withdrawal of the military formations of GPE from the territory of GPE within the time - limit and their effective deployment in their new stations in the territory of GPE , GPE is required to contribute a portion of the costs for the construction inside the territory of GPE of the premises needed for their installation .

In its Opinion No . CARDINAL of DATE on the accession of GPE to ORG , ORG of ORG noted the intention expressed by GPE “ to ratify , within DATE from the time of accession , the agreement of CARDINAL DATE between the NORP and ORG , and to continue the withdrawal of ORG and its equipment from the territory of GPE within a time - limit of DATE from the date of signature of the agreement ” .

NORP In a report dated DATE , the principal military prosecutor of ORG of GPE , Lieutenant - General PERSON , noted that irregularities and illegal acts had been committed within the ROG in relation to the management of military equipment . In particular , he noted the lack of supervision , which encouraged abuses and theft , failure to comply with decisions concerning the transfer free of charge to the NORP leaders of a number of motor vehicles taken out of service , the communication to those leaders of an inventory of military engineers ' equipment in the ORG 's stores , which had prompted them to demand an increase in the quantities of goods transferred , and the unauthorised transfer to the “ FAC of CARDINAL pieces of technical equipment and QUANTITY of other equipment .

Consequently , the principal military prosecutor asked the Minister of Defence of GPE to take additional measures to put an end to the breaches of the law noted within the ORG , to consider whether to bring disciplinary proceedings against Lieutenant - General PERSON and PERSON - General D. for failure to maintain effective control and dereliction of duty , and to inform him of the results .

On DATE , among other documents concerning a settlement of the situation in GPE , an agreement on questions concerning the military assets of ORG ( see paragraph CARDINAL below ) was signed in GPE ( GPE ) . The signatories were PERSON , on behalf of ORG , 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 some other mechanical process , was to be completed by DATE , subject , among other conditions , to authorisation by the authorities of GPE , “ particularly of the region of GPE ” .

The withdrawal ( transfer and decommissioning ) of surplus ammunition and other ROG equipment was planned to take place by DATE at the latest . The withdrawal of the ORG 's standard - issue equipment and personnel not forming part of the peacekeeping forces was to be completed by DATE , on condition that the process of withdrawing ammunition and other equipment to GPE had been completed by then , that other equipment was transferred or decommissioned , and that GPE discharged its obligations arising under LAW of CARDINAL DATE .

In their declaration at the GPE summit of DATE , the heads of ORG and government of GPE indicated that they were expecting “ an early , orderly and complete withdrawal of NORP troops from GPE ” and welcomed the commitment by GPE to complete withdrawal of its forces from NORP territory by DATE . Lastly , they pointed out that an international assessment mission was ready to be dispatched without delay to explore removal and destruction of NORP ammunition and armaments .

In observations submitted in DATE to ORG of ORG , ORG asserted that on that date the official figure put forward by the NORP authorities for the quantity of ROG arms and ammunition stocked in GPE was QUANTITY , but that it had not been possible to verify that figure , since both the NORP authorities and the NORP separatists had refused to countenance an international assessment mission .

The NORP authorities drew attention to the fact that any withdrawal of ROG personnel not accompanied by removal of the PERSON 's enormous weapons stocks would increase the risk that NORP separatists would get their hands on these weapons .

A number of trainloads of equipment belonging to the ROG were moved out DATE .

On DATE GPE signed a protocol concerning joint work with a view to using the weapons , military technology and ammunition .

On DATE ORG submitted to ORG a document showing that in DATE GPE and the “ FAC signed an 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 in its debt for gas imported from GPE , and the transfer to it by the ROG , in the course of their withdrawal , of part of their equipment capable of being put to civilian use .

According to a document submitted to the ORG in DATE by ORG , the volume of high - tech weaponry , ammunition and military equipment belonging to the ORG which had been withdrawn by DATE from the territory of GPE by virtue of the agreement of CARDINAL DATE represented PERCENT of the total volume declared in DATE as being stationed in GPE territory .

According to an OSCE press release , CARDINAL railway wagons carrying bridge - building equipment and field kitchens were moved out 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 NORP authorities were 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 ORG lorries to the NORP .

NORP In DATE , according to information supplied to the ORG by ORG , the ORG still had CARDINAL troops in GPE . In his witness evidence , General PERSON asserted that in DATE the ORG 's numbers had shrunk to CARDINAL troops ( see GPE , § CARDINAL ) .

The ORG has not received any precise information about the quantity of arms and ammunition stocked by the ROG in GPE . According to the applicants and the witness evidence taken by the ORG 's delegates ( see PERSON : Mr Snegur , § CARDINAL ) , in DATE the ORG had CARDINAL tonnes of military equipment and ammunition there , mainly kept at Kolbasna .

According to information supplied by ORG in DATE and not contested by the other parties , the ORG had in addition the following equipment : 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 . In his witness evidence , General PERSON asserted that CARDINAL battle tanks had been destroyed during DATE and that the destruction of anti - aircraft defence systems was in progress ( see GPE , § CARDINAL ) .

ROG personnel , and the military prosecutors and judges attached to the ROG , did not receive any specific instructions regarding their relations with the NORP authorities ( see PERSON : Lieutenant - Colonel GPE , § CARDINAL ) .

ROG personnel can travel freely in NORP territory . Before moving troops or equipment , the ORG informs the NORP authorities . Sometimes these movements occasion incidents , such as occurred with the seizure by the NORP of CARDINAL ROG vehicles ( see PERSON : Lieutenant - Colonel Radzaevichus , § CARDINAL ; and Lieutenant - Colonel GPE , § CARDINAL ) . In such cases , and in the absence of instructions , the ROG authorities try to negotiate directly with the NORP authorities . According to the legal provisions in force in GPE , the ORG 's prosecuting authorities are not empowered to refer cases directly to the NORP authorities , which have jurisdiction in NORP territory . Any theft or other criminal act committed by a NORP civilian against the ROG must be reported by the ORG authorities to the relevant authorities of GPE , since only they can refer the matter to the GPE authorities .

In practice , criminal acts of this type are investigated by the NORP authorities .

ROG investigators are empowered to investigate criminal acts committed by ROG personnel or with their participation , but only in relation to the individual soldiers implicated . However , to date , no case of this type has been reported ( see PERSON : Lieutenant - Colonel Levitskiy , § CARDINAL ; and Mr GPE , § CARDINAL ) .

According to the documents submitted to the ORG by ORG , ORG equipment and installations lending themselves to civilian use have been transferred to the “ FAC . For example , the building in which the applicants were detained in DATE by ORG was transferred in DATE to the NORP separatists . According to the witness evidence given by PERSON , the building is now used by the “ FAC prosecution service ” ( see GPE , § CARDINAL ) .

According to the study by Mr PERSON ( see paragraph CARDINAL above ) , the Kolbasna military store was divided in DATE into CARDINAL parts , CARDINAL of which was assigned to the “ FAC , which installed an ammunition store there for its army . He reported that , at the time when his study was published in DATE , security at the “ FAC store was provided by a CARDINAL motorised infantry brigade of the “ FAC army equipped with armoured transport vehicles , anti - tank weapons and mine throwers , plus an anti - aircraft battery , which also controlled movement into and out of the stores as a whole . Security at the ROG store was provided by ROG personnel . For movement out of the part of the stores which belongs to the ROG , a NORP customs post has been specially installed . Security and movement within the stores as a whole could not be monitored from the outside .

NORP From undated statements to the press , submitted to the ORG by the applicants and not contested by the other parties , it appears that the ORG of GPE at the time , PERSON , recognised the “ legitimacy of the entity created on the left bank of the Dniester ” .

In an undated television appearance reported by the press , as submitted to the ORG by the applicants and not contested by the other parties , the President of GPE , PERSON , said : “ GPE has lent , is lending and will continue to lend its economic and political support to the NORP region . ”

After the end of the conflict , senior officers of ORG participated in public life in GPE . In particular , soldiers of ORG took part in the elections in GPE , military parades of the NORP forces and other public events . The documents in the file , and the evidence of several witnesses who agreed on this point and were not contradicted by the other parties , show that on DATE General PERSON , the ORG 's commander , was elected a member of the “ Supreme NORP of the FAC ” ( see PERSON : Mr Ilaşcu , § CARDINAL ; Mr GPE , § DATE ; and GPE , § QUANTITY ) .

The applicants alleged that a consulate of GPE had been opened in NORP territory , in the territory of the ROG , without the agreement of the GPE authorities and that various activities including polling took place there .

ORG denied the existence of a NORP consulate in NORP territory .

On DATE the ORG sent a note to the embassy of GPE in PERSON in which the GPE authorities expressed their regret about the fact that the authorities of GPE had opened CARDINAL fixed polling stations in NORP territory for the presidential election of DATE without the agreement of the NORP authorities and that in acting thus the NORP authorities had presented them with a fait accompli , creating an undesirable precedent . The note went on to say that the only places in which the opening of polling stations was desirable were the ROG headquarters in PERSON , the headquarters of the peacekeeping forces in GPE ( PERSON ) , the NORP embassy in PERSON and mobile polling stations .

The ORG notes that , apart from the applicants ' assertions , there is no evidence of the existence of a NORP consulate in PERSON carrying out ordinary consular functions and open to all NORP who have or wish to acquire NORP nationality . In addition , none of the witnesses who gave evidence in GPE was able to confirm such allegations . In the absence of corroboration , the ORG can not consider it to have been established beyond a reasonable doubt that a NORP consulate is permanently open in PERSON for all NORP who have or wish to acquire NORP nationality .

On the other hand , the ORG takes it as established that fixed consular posts , operating as polling stations , were opened by the NORP authorities in NORP territory without the agreement of the GPE authorities .

With regard to the press articles submitted by the applicants mentioning the existence of a consular office of GPE in the territory of the ROG , the ORG notes that these too are uncorroborated . However , ORG have not denied the existence of such an office . The ORG considers that in view of the special situation of the ORG , stationed in NORP territory , it is plausible that for practical reasons a consular office should be opened in the territory of the ROG to enable NORP soldiers to settle various problems normally dealt with by consulates .

The applicants asserted that on CARDINAL DATE ORG opened a number of accounts for ORG . The other parties did not challenge the veracity of that information .

In Resolution no . CARDINAL IGD of CARDINAL DATE , ORG GPE declared GPE a “ zone of special strategic interest for GPE ” .

Eminent politicians and representatives of GPE have confirmed on various occasions the support it has lent to ORG Representatives of the PERSON and other prominent figures of GPE have travelled to GPE and taken part in official events there .

For their part , representatives of the “ FAC regime have travelled to GPE on official visits , notably to the PERSON .

The applicants also submitted that , DATE after the conflict , the support given by the NORP authorities to the creation of the NORP regime was publicly confirmed in a television programme broadcast on an unspecified date on the NORP channel TV - Centre in which PERSON , Mr PERSON and Mr PERSON were interviewed . During the programme , PERSON , who was President of the NORP parliament from DATE , said that when it became clear that GPE was going to leave the sphere of NORP influence an “ administrative territorial enclave ” was created there . During the same programme , PERSON PERSON , the President of GPE , said that the former NORP President , PERSON , had supported Mr PERSON in order to use him against the democratic regime in PERSON .

The other parties did not contest these facts .

On DATE Lieutenant - General Iakovlev , the former commander of ORG and former head of ORG of the MRT ” , became a citizen of GPE .

In DATE Mr Mărăcuţă , the “ President of ORG of the FAC , was granted NORP nationality .

In DATE PERSON , CARDINAL of the “ FAC leaders , also acquired NORP nationality .

Mr PERSON was granted NORP nationality in DATE ( according to ORG ) or DATE ( according to the applicants ) .

According to the applicants , who were not contradicted on this point by the other parties , the arms industry is CARDINAL of the pillars of the NORP economy , which is directly supported by NORP firms involved in arms manufacture in GPE .

According to the study by PERSON ( see paragraph CARDINAL above ) , from DATE onwards NORP arms firms began to specialise in the production of high - tech weapons , with the help of funds and orders from various NORP companies , including the NORP arms producer and trader Росвооружение. NORP companies provide NORP firms with the technology and equipment they need to manufacture modern weaponry and military equipment . NORP firms also produce components for NORP arms manufacturers . For example , the Elektrommash company receives the components for the silenced pistols it produces from GPE and delivers components for various weapons systems assembled in GPE .

Citing PERSON 's study , the applicants submitted that , under the cover of “ withdrawal ” , the ORG was supplying NORP firms with parts and tools for military use . They alleged that the PERSON engineering works , which produces QUANTITY , regularly received truckloads of mortars and howitzers from the ORG stores at Kolbasna , passed off as “ destruction of untransportable ammunition ” .

NORP In addition , there was interdependence between NORP economic and other interests and the ROG on account of the fact that the ORG employs huge numbers of the inhabitants of GPE .

According to the same study by PERSON , PERCENT of the command structure of the ORG unit stationed in NORP ( including the ammunition store ) was made up of inhabitants of GPE and PERSON , while PERCENT of the technical staff of the ORG stores ( head storekeepers , technicians and mechanics ) were inhabitants of the region .

In all , PERCENT of the ORG 's officers and PERCENT of its non - commissioned officers were inhabitants of the “ FAC .

The other parties did not contest this information .

There is judicial cooperation for the transfer of prisoners between GPE and GPE , without going through the GPE authorities . NORP prisoners detained in GPE have been transferred thanks to such cooperation to a prison in GPE ( see PERSON : Colonel PERSON , § CARDINAL ; and Mr GPE , § CARDINAL ) .

The applicants asserted , citing press articles , that visits between officials of GPE and the “ FAC continued to take place . On DATE the newspaper GPE reported a visit by a delegation of the “ Supreme NORP of the FAC ” , including ORG , PERSON and Mr PERSON , to the PERSON of GPE . On DATE an CARDINAL - member delegation from the PERSON went to PERSON and stayed there until DATE .

In addition , DATE and DATE , members of the PERSON took part in the celebrations to mark the CARDINALth anniversary of the “ FAC 's declaration of independence .

“ FAC leaders have been awarded official distinctions by various institutions of GPE and are received in honour by its State organs . It appears from the documents filed by the applicants that Mr PERSON was invited to GPE by ORG .

GPE has direct relations with the “ FAC regarding its gas exports .

As shown by a telegram sent on DATE by the Chairman of the NORP group ORG to the Deputy Prime Minister of GPE , contracts for supplying gas to GPE do not apply to GPE , to which gas is delivered separately on more favourable financial terms than those granted to the rest of GPE ( see Annex : Y , § CARDINAL ; and PERSON , § CARDINAL ) .

Transdniestria receives electricity directly from GPE .

Products manufactured in GPE are exported to the NORP market , some of them being passed off as NORP products ( see PERSON : PERSON , § CARDINAL ) .

The ORG buys certain products which it needs to supply its troops directly from the NORP market ( see ORG : General PERSON , § CARDINAL ) .

NORP companies have taken part in privatisations in GPE . The documents submitted by the applicants show that the NORP firm ORG bought the largest undertaking in GPE , the FAC engineering works , despite the opposition of the NORP authorities .

NORP Moreover , in DATE ORG submitted to the ORG a video cassette containing a recording of a NORP television programme about NORP relations and the NORP regime . The NORP commentator mentioned in the first place the treaty of friendship recently signed by GPE and GPE , in which GPE and PERSON condemned “ separatism in all its forms ” and undertook “ not to lend any support to separatist movements ” . According to the journalist , the treaty unambiguously confirmed ORG support for GPE in the NORP conflict . The rest of the item looked at various aspects of the NORP economy , presented as being wholly under the control of the PERSON family , stating that its main source of income was the manufacture and export of arms to countries such as GPE , GPE , GPE or GPE . The programme closed with the information that the NORP authorities had shut down the broadcast over the territory of the “ FAC , citing poor weather conditions as the excuse .

The NORP authorities have never officially recognised the organs of the “ FAC as a ORG entity .

After the agreement of CARDINAL DATE , the CARDINAL parties established relations with a view to settling the conflict .

Contact was established and maintained mainly through negotiation committees and concerned the political question of GPE 's status , and settlement of various aspects of everyday life ( economic , social , etc . ) .

According to the concordant statements of several witnesses ( see Annex : Mr GPE , § CARDINAL ; PERSON , § CARDINAL ; Z , § CARDINAL ; Mr GPE , § CARDINAL ; and Mr PERSON , § CARDINAL ) , the first meetings between GPE and GPE related to exchanges of prisoners captured on either side during the DATE fighting . These exchanges generally concerned groups of prisoners .

According to the concordant statements of several witnesses ( see Annex : Mr PERSON , § CARDINAL ; Mr LOC CARDINAL : and PERSON , § MONEY ) , after the ceasefire of DATE , private individuals and official delegations involved in the negotiations were able to travel to GPE . There were sometimes incidents , when NORP guards refused access to GPE .

As private individuals , doctors have fairly free access to GPE , whether for consultations or for professional conferences ( see PERSON : Mr PERSON , § CARDINAL ; and Mr GPE , § CARDINAL ) .

From DATE onwards , the GPE authorities began to institute criminal proceedings against certain NORP officials accused of falsely claiming the status of ORG officers ( see paragraphs CARDINAL and CARDINAL below ) .

Nevertheless , persons who had acted as senior officials of the “ FAC were able to return to GPE and subsequently take high office . For example , Mr PERSON , who had been “ Minister of Justice of the FAC ” in DATE , held a number of senior ORG offices after his return from GPE ; he was a member of the NORP parliament from DATE , ORG from DATE and member of the NORP parliament and Chairman of ORG DATE ( see PERSON : Mr PERSON , § § CARDINAL - CARDINAL ) .

On DATE , in the presence of OSCE mediators , GPE and GPE , the GPE authorities adopted a protocol providing for the removal of the customs posts belonging to GPE .

Movement of persons between GPE and the rest of GPE after DATE took place under the same conditions as before , with the NORP authorities deciding whether to permit passage in a discretionary fashion . When official delegations or NORP dignitaries wish to enter GPE , prior contact for the purpose of seeking authorisation is necessary , even though such authorisation may be revoked at any time ( see PERSON : Mr Sereda , § CARDINAL ) . For example , ORG said that in DATE , as a reprisal against a decision taken in DATE by ORG prohibiting PERSON and QUANTITY other NORP leaders from entering ORG for DATE , the NORP authorities declared certain senior NORP leaders , including the President of GPE , the President of the NORP parliament , the Prime Minister , the Minister of ORG and the Minister for ORG , personae non gratae .

The applicants alleged that NORP leaders , including PERSON PERSON , Mr Mărăcuţă and PERSON , also had NORP nationality and were in possession of NORP diplomatic passports . In addition , they asserted that ORG had awarded them official honours .

ORG said that the NORP leaders did not possess NORP nationality as they had never requested NORP identity papers .

The ORG notes that the witness questioned by the delegates on this subject denied that any NORP identity documents whatsoever had been issued to Mr PERSON , Mr Mărăcuţă and PERSON ( see PERSON : Mr Molojen , § CARDINAL ) . In the absence of corroboration of the applicants ' allegations , the ORG considers that it has not been established beyond a reasonable doubt that the GPE authorities issued passports to NORP leaders .

A number of senior NORP officials , including Mr PERSON , the Minister of ORG , Deputy Attorney - General and , since DATE , Chairman of ORG , have continued to visit PERSON to meet NORP politicians , including Mr PERSON , Mr Mărăcuţă , the “ Attorney - General of the FAC ” and the “ President of ORG of the FAC . The main subjects discussed at these meetings have been the applicants ' situation , their release , and negotiations about the future status of GPE , including official decisions taken by NORP local authorities ( see PERSON : Mr Sturza , § CARDINAL ) .

On DATE the President of the NORP parliament , PERSON PERSON , visited Mr PERSON in his prison cell in PERSON . On DATE , the NORP President , PERSON , visited PERSON .

On DATE the President of GPE , PERSON , and the NORP leader , PERSON , signed CARDINAL agreements – CARDINAL about mutual recognition of documents issued by the NORP and NORP authorities , and the other concerning measures to attract and protect foreign investment .

In the field of economic cooperation , the applicants asserted that the NORP authorities issued certificates of origin for products from GPE .

ORG did not comment on this allegation .

As regards the alleged practice of the NORP authorities of issuing certificates of origin to goods exported from GPE , as submitted by the applicants and by ORG , the ORG notes that this allegation was not confirmed by any witness . On the contrary , PERSON , ORG , denied the existence of such a practice ( see FAC , § CARDINAL ) .

In these circumstances , in the absence of corroboration of the applicants ' assertions , the ORG can not regard it as established beyond a reasonable doubt that the NORP authorities are conducting a policy of supporting the NORP economy through such export certificates .

NORP In addition to the cooperation introduced as a result of the agreement reached by the President of GPE and the “ President of the FAC , as established by the witness evidence taken by the ORG 's delegates , there are more or less de facto relations between the NORP and NORP authorities in other fields . For example , ORG , particularly the prisons service , and ORG are in contact ( see PERSON : Lieutenant - Colonel PERSON , § CARDINAL ) . There are also unofficial relations between the NORP and NORP authorities on judicial and security matters , in the interests of crime prevention . Although there is no cooperation agreement , NORP prosecutors or officers investigating criminal cases sometimes ring their “ colleagues ” in GPE , particularly to obtain information and summon witnesses ( see PERSON : PERSON , § CARDINAL ; and PERSON , § CARDINAL ) .

There is a single telephone system for the whole of GPE , including GPE . A telephone call between PERSON and PERSON is considered a national call ( see PERSON : PERSON , § CARDINAL ; and Mr PERSON , § MONEY ) .

ORG issues identity documents ( identity cards ) to all persons resident in GPE , including those in GPE ( see PERSON : PERSON , § CARDINAL ) .

NORP In DATE , under agreements with ORG , the GPE authorities set up a chain of mixed NORP customs posts along the border with GPE and introduced new customs stamps not available to the NORP authorities . The ORG has not been informed whether the NORP - Ukrainian customs posts are still operational .

NORP In response to the measures mentioned in the previous paragraph , the NORP authorities informed the GPE authorities , in a letter of DATE , of the unilateral suspension of negotiations on the status of GPE , threatening to cut off gas and electricity supplies to GPE passing through GPE .

ORG asserted that , during an incident in DATE at the railway junction of GPE ( PERSON ) , the NORP authorities had blocked CARDINAL wagons containing humanitarian gifts for NORP children and elderly persons and shipments of petroleum and other goods from ORG on their way to NORP firms .

In a declaration made public on DATE , the LOC mission in GPE criticised the actions of the NORP authorities , who on DATE had started to prevent the ORG representatives from entering the territory controlled by the “ FAC ” , in breach of the agreement of CARDINAL DATE between the LOC and Mr PERSON .

It appears from a document submitted to the ORG by ORG on DATE , that by Order no . CARDINAL of DATE the “ Minister of Security of the FAC ” refused access to the territory of the “ FAC ” to the representatives of ORG , ORG and other NORP military bodies .

Lastly , the national football championship also includes NORP teams , and matches played by the NORP football team , including international games , are often staged in PERSON , as was the case for a match against the GPE in DATE ( see PERSON : Mr PERSON , § MONEY ) .

The ORG summarises below the facts connected with the applicants ' arrest , pre - trial detention , conviction and conditions of detention , as alleged by the applicants and confirmed by the documentary evidence and the witnesses ' statements .

It further notes that , in their written observations of DATE , ORG endorsed the applicants ' account of the circumstances in which they had been arrested , convicted and detained . In the same observations they indicated that the applicants had certainly been arrested without a warrant , that they had remained for DATE on LOC belonging to ORG and that the searches and seizures had also been carried out without a warrant .

ORG submitted that the applicants ' allegations about their conditions of detention were very plausible .

ORG indicated that they had had no knowledge of the circumstances of the applicants ' arrest , conviction and conditions of detention .

It appears from the evidence given by the applicants , their wives and Mr PERSON , corroborated in general by the statement of Mr Timoshenko , that the applicants were arrested at their homes in PERSON DATE , in TIME . They were arrested by a number of persons , some of whom wore uniforms bearing the insignia of ORG of the GPE , while others wore camouflage gear without distinguishing marks .

The details of their arrest are as follows .

The second applicant , PERSON , was arrested on DATE at TIME DATE his home was searched in the presence of his neighbours .

The first applicant , PERSON , who at the material time was the local leader of ORG ( a party represented in the NORP parliament ) and was campaigning for the unification of GPE with GPE , was arrested on DATE , at TIME , when CARDINAL persons armed with automatic pistols forcibly entered his home in PERSON , where they carried out a search and seized certain objects . These included a pistol which , according to the applicant , had been placed in his house by the persons searching the LOC . The applicant alleged that his arrest and the search were carried out without a warrant . He had been informed that he was being arrested because , as a member of ORG , he presented a threat to the stability of the “ FAC , which was at war with GPE .

The third applicant , PERSON , was arrested at his home on DATE at TIME by several armed persons who struck him with the butts of their weapons and kicked him . According to the applicant , during the search which followed , several carpets , MONEY and a “ handsome ” watch were confiscated .

The fourth applicant , PERSON , was arrested on DATE at TIME by QUANTITY persons , one of whom was a police officer , PERSON . At TIME , CARDINAL public prosecutors , Mr Starojuk and Mr Glazyrin , searched the applicant 's home in his absence .

In a DATE indictment drawn up by public prosecutor Starojuk , among others , the applicants were accused of anti - NORP activities and of fighting by illegal means against the legitimate State of GPE , under the direction of ORG and GPE . They were also accused of committing a number of offences punishable , according to the indictment , in some cases by LAW and in others by that of the Moldovan Soviet GPE . The offences of which the applicants were accused included the murder of CARDINAL NORP , PERSON and PERSON ( see also paragraph CARDINAL below ) .

As evidenced by the concordant statements of the applicants and other witnesses ( see PERSON : Mr GPE , § § CARDINAL and DATE ; PERSON , § § DATE ; and PERSON , § § DATE and CARDINAL ) , the applicants were first taken to PERSON police headquarters , which were probably also the premises of the “ ORG of the CARDINAL ” , where they were interrogated and subjected to ill - treatment for DATE . Their interrogators included PERSON , “ Deputy Minister of Security ” , PERSON ( or GPE ) , the “ Minister ” , and a person named GPE . Some of the guards and investigators wore uniforms which were similar , if not identical , to those used by the NORP personnel of ORG . During DATE of their detention at police headquarters , the applicants were beaten regularly and severely , and received practically nothing to eat or drink . The interrogations often took place at TIME and during the daytime they were not permitted to rest .

The first applicant said that he had been taken immediately after his arrest into the office of the “ Minister of Security of the FAC ” , where there were CARDINAL other persons , introduced to him as colonels in the NORP counter - espionage service . They asked him , in exchange for his release , to place at the service of GPE the skills he had acquired during his military service with the GPE special troops and pass himself off as an agent working for the NORP secret service . The applicant alleged that , when he turned down that proposal , he was told that his only alternative was the cemetery .

DATE after their arrest , the first CARDINAL applicants were taken separately to the ORG garrison headquarters ( komendatura ) in FAC , PERSON , in vehicles bearing NORP markings .

The applicants submitted that during their detention in the territory of ORG , they were guarded by soldiers of that army and that while they were there , NORP police officers came to see them in their cells . They also alleged that during this period they were tortured by ORG personnel .

ORG said that , in the light of the statements made by the NORP witnesses and Mr GPE to the delegates of the Court , it was apparent that ORG personnel had taken part in the applicants ' arrest and interrogation .

In their observations of DATE , ORG repeated their initial position , namely that the ORG did not have jurisdiction ratione temporis to examine events which had taken place in DATE .

On the merits , they nevertheless acknowledged that the applicants had been detained on the premises of ORG , but asserted that this detention had been of very short duration and that in any event it had been illegal . The Government said that military prosecutor ORG had put a stop to this illegal detention as soon as he had been informed of it . They did not comment on the question whether NORP soldiers had taken part in the applicants ' initial arrest .

They submitted that , apart from providing cells for the applicants ' detention , the ORG personnel had done nothing illegal . In particular , they had not guarded the cells in which the applicants were detained . In that connection , the ORG said that the applicants could not have seen NORP insignia on the warders ' uniforms because the new NORP insignia , which replaced those of the GPE , had only been introduced by Order no . CARDINAL , issued on DATE by the Minister of Defence of GPE .

ORG further submitted that Colonel PERSON ( see paragraph CARDINAL below ) had not served in the NORP military formations stationed in NORP territory , but had performed his service at the “ ORG of the FAC .

The ORG notes that the first CARDINAL applicants alleged that they had been detained for DATE at ORG garrison headquarters . ( see ORG : Mr PERSON , § § CARDINAL , CARDINAL and CARDINAL ; Mr GPE , § § DATE ; Mr GPE , § § DATE ; PERSON , § § CARDINAL and CARDINAL ; Mr PERSON , LAW ; PERSON , § § DATE ; PERSON , § DATE ; and PERSON , § DATE ) .

On that subject , the ORG notes that Mr ORG asserted in his witness evidence ( see GPE , § CARDINAL ) that the applicants had stayed on the LOC of ORG for a very short space of time , although he was unable to say exactly how long .

Without casting a general doubt on the testimony of Mr Timoshenko , which it considers to be credible , the ORG considers that it contains a number of details , including those concerning the length of time the applicants spent on the premises of ORG , which are confused , and moreover refuted by other testimony .

The PERSON garrison headquarters were commanded by PERSON . The applicants were detained there one to a cell . A Mr PERSON , arrested at the same time as the applicants , was detained in the same building . While being interrogated or when visited in their cells , the applicants saw Mr PERSON and officers of whom some wore the uniform of ORG . They were interrogated especially at night , the interrogations being accompanied by ill - treatment . They were also beaten at other times . The applicants were struck regularly and severely by soldiers in ORG uniforms . NORP police officers sometimes participated in inflicting ill - treatment on the applicants .

PERSON was subjected to CARDINAL mock executions . The first time , his death warrant was read out to him , whereas on the other occasions he was taken out blindfolded into a field where the warders fired at him with blank cartridges until he fainted .

The second applicant was threatened with rape . After DATE , as a result of the blows he had received , the third applicant was admitted to a psychiatric hospital , where he remained for DATE ( see PERSON : Mr GPE , § CARDINAL ) .

The cells had no toilets , no water and no natural light . A light bulb in each cell was lit permanently . The fold - away beds fixed to the wall were lowered at TIME and put back up at TIME .

The applicants had TIME per day for outdoor exercise , in an enclosed area . During their detention at the ORG garrison headquarters , they were not able to wash themselves or change their clothes .

The toilets were along the corridor , and the prisoners were taken there only once a day by guards accompanied by an NORP dog . They had TIME in which to relieve themselves , knowing that the dog would be set on them if they took longer . Since they were taken to the lavatory only once a day under the conditions described above , the applicants had to relieve themselves in their cells ( see PERSON : Mr GPE , § CARDINAL ; PERSON , ORG CARDINAL ; PERSON , § DATE ; and PERSON , § CARDINAL ) .

They were cut off from the outside world . Their families were not permitted to contact them or send them parcels . They were not able to send or receive mail and had no access to lawyers .

On DATE , when General PERSON took command of ORG , the persons detained at the headquarters of the army 's PERSON garrison , including the CARDINAL applicants , were transferred to Tiraspol police headquarters . The transfer was carried out by soldiers of ORG in ORG vehicles ( see ORG : Mr PERSON , LAW ; PERSON , § DATE ; and PERSON , § DATE ) .

The circumstances of the applicants ' detention , as described in their written depositions and witness evidence , and in the corroborating evidence given by other witnesses ( see Annex : Mr GPE , § § DATE and DATE ; PERSON , § CARDINAL ; and PERSON , § § DATE ) , are summarised below .

The first applicant remained in a cell at Tiraspol police headquarters for DATE , until DATE , when his trial began .

The second applicant was transferred from the CARDINALth ORG garrison headquarters to PERSON police headquarters , where he remained until DATE , when his trial began .

The third applicant remained for DATE at the CARDINALth ORG garrison headquarters . He was then confined to a psychiatric hospital , where he remained for DATE . On his return from hospital , he was taken back to the CARDINALth ORG garrison headquarters and immediately transferred to PERSON police headquarters , where he was detained until DATE .

The fourth applicant was detained until the beginning of the trial at Tiraspol police headquarters .

In the remand centre at Tiraspol police headquarters , the interrogations took place at TIME . The applicants were regularly beaten there , especially during DATE which followed their return from DATE ORG garrison headquarters .

NORP The cells had no natural light . During DATE , they were not permitted to receive visits from their families or lawyers . Later , permission was granted on a discretionary basis for visits by their families and they began to receive parcels , albeit at irregular intervals . They were often unable to eat the food sent by their families because it had become spoiled during the searches carried out for security reasons . They were not permitted to receive or send mail , and were unable to speak to their lawyers .

During this period , the applicants were only rarely able to see a doctor , and when they had been subjected to ill - treatment the doctor 's visit took place long afterwards .

Hallucinogenic drugs administered to Mr PERSON gave him chronic migraines . During this period he was not treated for his headaches and his wife was not given permission to send him medicines .

Mr PERSON was able to see his lawyer for the first time in DATE , DATE after his arrest .

On a date which has not been specified , the applicants were transferred to ORG in preparation for their trial . While detained pending trial , they were subjected to various forms of inhuman and degrading treatment : they were savagely beaten ; NORP dogs were set on them ; they were held in solitary confinement and fed false information about the political situation and their families ' health as bait to induce them to accept a promise of their release if they signed confessions ; lastly , they were threatened with execution .

PERSON and PERSON were treated with psychotropic substances and as a result Mr GPE experienced mental disorders .

The applicants were brought before the “ ORG of GPE , which sat first in the functions room of ORG and later in the concert hall of the PERSON cultural centre . During the trial , which began on DATE and ended on DATE , the only persons authorised to enter the courtroom were NORP nationals with proof of residence in GPE . Armed police and soldiers were present in the hall and on the stage where the judges sat . The applicants appeared at their trial locked inside metal cages . Witnesses were able to attend the trial as they wished , without being required to leave the courtroom while the other witnesses were giving evidence . On numerous occasions during the trial , the applicants were permitted to speak to their lawyers only in the presence of armed police officers . The hearings took place in a tense atmosphere , with placards hostile to the accused displayed by the public . As evidenced by a photograph submitted to ORG by the applicants , taken in the courtroom and published in a NORP newspaper , one of these placards was inscribed with the words “ Bring the terrorists to account ! ” ( PERSON – к oтвeту ! ) .

The applicants were tried by a CARDINAL - judge bench composed as follows : PERSON , a former judge of ORG , presiding ; PERSON , aged DATE at the time of the trial , who had worked for DATE at the NORP Procurator ORG before being appointed to ORG of the FAC ” ; and PERSON .

The judgment records that Commandant PERSON , an ORG officer , appeared as a witness . He told the court that the applicants had not been ill - treated by his subordinates while they were detained on the premises of ORG and that they had not made any complaints .

NORP The court gave judgment on DATE .

It found the first applicant guilty of a number of offences defined in LAW of the Moldovan Soviet GPE , including incitement to commit an offence against national security ( LAW ) , organisation of activities with the aim of committing extremely dangerous offences against ORG ) , murdering a representative of the ORG with the aim of spreading terror ( DATE ) , premeditated murder ( LAW ) , unlawfully requisitioning means of transport ( Article CARDINAL ) , deliberate destruction of another 's property ( Article CARDINAL ) and illegal or unauthorised use of ammunition or explosive substances ( Article CARDINAL ) . It sentenced him to death and ordered the confiscation of his property .

The court found the second applicant guilty of murdering a representative of the ORG with the aim of spreading terror ( DATE ) , deliberate destruction of another 's property ( LAW , and unauthorised use of ammunition or explosive substances ( LAW ) ; it sentenced him to DATE imprisonment in a hard labour camp and confiscation of his property .

The third applicant was found guilty of murdering a representative of the ORG with the aim of spreading terror ( DATE ) , unauthorised use and theft of ammunition or explosive substances ( Articles CARDINAL and CARDINAL - CARDINAL § CARDINAL ) , unlawfully requisitioning horse - drawn transport ( Article CARDINAL § CARDINAL ) , deliberate destruction of another 's property ( Article CARDINAL ) and assault ( Article CARDINAL § CARDINAL ) . He was sentenced to DATE imprisonment in a hard labour camp and confiscation of his property .

The fourth applicant was found guilty of murdering a representative of the ORG with the aim of spreading terror ( DATE ) , assault ( LAW ) , unlawfully requisitioning horse - drawn transport ( LAW ) , deliberate destruction of another 's property ( LAW , and unauthorised use and theft of ammunition or explosive substances ( Articles CARDINAL and CARDINAL - CARDINAL § CARDINAL ) . He was sentenced to DATE imprisonment and confiscation of his property .

NORP On DATE the President of GPE declared that the applicants ' conviction was unlawful , on the ground that it had been pronounced by an unconstitutional court .

On DATE the Deputy Attorney - General of GPE ordered a criminal investigation in respect of the “ judges ” , “ prosecutors ” and other persons involved in the prosecution and conviction of the applicants in GPE , accusing them under ORG CARDINAL and CARDINAL of LAW of GPE of unlawful arrest .

On DATE ORG examined of its own motion the judgment of DATE of the “ ORG of the FAC ” , quashed it on the ground that the court which had rendered it was unconstitutional , and ordered the file to be referred to the NORP public prosecutor for a new investigation in accordance with LAW . It appears from the written depositions , the information supplied by ORG and the evidence given by the witnesses heard by the ORG in PERSON in DATE , that the investigation ordered in the judgment of DATE came to nothing ( see PERSON : PERSON , § CARDINAL ; and Mr PERSON , § CARDINAL ) .

In addition , ORG set aside the warrant for the applicants ' detention , ordered their release and asked the public prosecutor to look into the possibility of prosecuting the judges of the “ so - called ” ORG of Transdniestria for deliberately rendering an illegal decision , an offence punishable under ORG CARDINAL to CARDINAL of LAW .

The authorities of the “ FAC did not respond to the judgment of DATE .

The NORP authorities had opened an investigation into the deaths of Mr PERSON and Mr GPE in DATE and DATE respectively , but the public prosecution service suspended this on DATE , under LAW of LAW , in the absence of any cooperation from the NORP judicial and police authorities . The investigation was reopened on CARDINAL September CARDINAL . As a result , a number of requests for cooperation ( the transmission of documents ) were sent to ORG FAC ” , Mr PERSON . Not receiving any reply , the NORP public prosecution service once again suspended the investigation on DATE . Since then it has not been reopened .

By a decree of CARDINAL DATE , the President of GPE promulgated an amnesty law on the occasion of the first anniversary of the adoption of LAW . The amnesty applied in particular to convictions for offences defined in ORG , CARDINAL - CARDINAL and CARDINAL - CARDINAL of LAW committed after DATE in several provinces of the left bank of the Dniester .

On DATE the NORP parliament asked ORG to give priority to the problem of the applicants ' detention as political prisoners and keep it regularly informed of developments in the situation and remedial action undertaken , and requested ORG to seek firm support from the countries where GPE had diplomatic missions with a view to securing the release of the applicants ( “ the ORG group ” ) .

The first applicant , despite being imprisoned , was elected a member of the NORP parliament on DATE and again on DATE but , having been deprived of his liberty , he never took his seat .

On DATE the public prosecutor declared void the order of CARDINAL DATE against the “ FAC “ judges ” and “ prosecutors ” ( see paragraph CARDINAL above ) , on the ground that there could only be unlawful arrest within the meaning of Articles CARDINAL and CARDINAL of LAW where the relevant measure was taken by judges or prosecutors appointed in accordance with the legislation of GPE , which was not so in the present case . He also stated that in his view it was not appropriate to begin an investigation in respect of false imprisonment or usurpation of the powers or title corresponding to an official office , offences defined in ORG CARDINAL and CARDINAL of the Criminal Code respectively , on the grounds that prosecution was time - barred and that the suspected offenders were refusing to assist the authorities with their enquiries .

On DATE , the public prosecutor ordered a criminal investigation in respect of the governor of FAC on suspicion of false imprisonment and usurpation of the powers or title corresponding to an official office , as defined in ORG CARDINAL and CARDINAL of LAW . It appears from the information supplied by ORG and the statements of the witnesses heard by ORG at PERSON in DATE that this criminal investigation came to nothing ( see PERSON : PERSON , § DATE ; and Mr PERSON , § MONEY ) .

On DATE , at Mr ORG 's request , the NORP authorities granted him NORP nationality by virtue of PERSON no . CARDINAL/CARDINAL .

On DATE Mr PERSON was elected to the second chamber of the NORP parliament . Having renounced NORP nationality and his seat in the NORP parliament , he ceased to be a member of parliament on DATE .

In DATE , at their request , Mr PERSON and PERSON were likewise granted NORP nationality .

On DATE Mr PERSON was released . The circumstances of his release , which are disputed , are summarised below ( see paragraphs CARDINAL - CARDINAL ) .

The first applicant , PERSON , was detained in PERSON no . CARDINAL until his conviction , on DATE . He was then transferred to ORG , to the wing for prisoners condemned to death , remaining there until DATE , when he was again transferred to PERSON no . CARDINAL . He stayed there until his release in DATE .

Mr PERSON was transferred after his trial to PERSON no . CARDINAL , where he is still detained .

PERSON was transferred after conviction to ORG , where he probably remained for DATE . Because of his illness , he was first admitted to hospital and then transferred to FAC no . CARDINAL , where he remains to date .

Mr PERSON was transferred shortly before the beginning of his trial to PERSON no . CARDINAL . At some time after Mr PERSON 's release in DATE , Mr PERSON was transferred to ORG , where he stayed until DATE , on which date he was transferred to ORG no . CARDINAL “ in order to facilitate contact with his lawyer ” , according to the prison service .

From DATE after the applicants ' arrest , ORG granted financial assistance to their families . In addition , the authorities found accommodation for those of the applicants ' families who had been obliged to leave GPE and occasionally gave them help , firstly to visit the applicants , by placing transport at their disposal , and secondly to improve the applicants ' conditions of detention , by sending doctors and supplying them with newspapers ( see PERSON : Mr Snegur , § CARDINAL ; Mr NORP , § CARDINAL ; and PERSON , § CARDINAL ) .

The applicants were detained , except for a few very short periods , alone , each in his own cell , except for PERSON , who was held in solitary confinement only during DATE .

Mr PERSON was always held in solitary confinement . He was not allowed correspondence , but nevertheless managed to send a few letters out of prison .

In FAC , Mr PERSON was detained in the wing for prisoners condemned to death . His conditions of detention were harsher than those of the other applicants . Inside his cell a metal cage of the same dimensions as the cell had been fitted . Inside the cage was the bed and table , also made of metal .

Mr PERSON was not permitted to speak to the other prisoners or the warders . He was therefore taken alone for his DATE walk , which took place in TIME , indoors .

Mr ORG 's food was QUANTITY of rye bread CARDINAL times a day and a glass of tea without sugar twice a day . In TIME he also received a concoction called “ balanda ” whose main ingredient is kibbled maize .

The applicants ' cells had no natural light : the only light – from an electric bulb in the corridor – entered each cell through an opening cut out in the door .

The applicants could only rarely take showers and had to go DATE without washing .

None of the cells occupied by Mr PERSON during his detention was heated , even in DATE .

ORG Both in GPE and in PERSON , the applicants had cold water in their cells , which were equipped with toilets that were not separated off from the rest of the cell .

The applicants were able to receive parcels and visits from their families , although the relevant authorisation was not systematically given by the prison governors .

At times , authorisation to receive visits or parcels was refused on the orders of PERSON or PERSON / GPE .

As parcels were searched , any food in them sometimes became unfit for consumption . To protest about the insufficient quantity of food served to them in prison , the authorities ' occasional refusal to distribute to them the food brought by their families and the fact that this food was being spoiled in the checking process , the applicants went on several hunger strikes .

In DATE Mr PERSON was allowed visits by PERSON , a member of ORG of ORG , and by PERSON , the Chairman of ORG .

In a letter sent in DATE to the NORP parliament about the governmental crisis facing GPE , Mr PERSON declared his support for Mr PERSON as candidate for the post of Prime Minister . His letter was read out from the rostrum by the President and enabled ORG to put together the majority required in order to appoint Mr PERSON as Prime Minister .

In DATE , following his vote for the Sturza government and during DATE that government lasted , Mr PERSON was not allowed any visits from his family or any parcels . The other applicants , particularly Mr GPE , suffered similar restrictions .

NORP In a letter to the ORG dated DATE , Mr PERSON wrote that since Mr PERSON 's letter to the NORP parliament the applicants ' conditions of detention , and those of Mr PERSON in particular , had deteriorated .

In a letter of CARDINAL DATE , Mr GPE informed the public that he had begun a hunger strike to protest about the harsh conditions in which he and his companions were detained . He pointed out , for example , that he could not contact a lawyer and that he was not permitted to receive visits from doctors or ORG representatives . He argued that the passivity of the GPE authorities in the face of the situation in GPE , and particularly that of the ORG group , amounted to tacit support for the NORP authorities .

In a written statement of CARDINAL DATE Mr GPE , who was on DATE of his hunger strike , accused the leaders in PERSON of doing nothing to protect human rights in GPE and of “ having a good time ” with the separatist leaders of GPE . He also complained of the PERSON prison authorities ' refusal to allow himself and Mr PERSON access to a doctor and said that Mr PERSON , who had been held in solitary confinement for a lengthy period , was being ill - treated . All the furniture had been taken out of his cell , his clothes had been taken away from him except for a vest and he was repeatedly beaten by members of the “ special forces ” , who kept suggesting that he should kill himself .

In a letter to ORG DATE , Mr PERSON pointed out that he had not been able to consult a doctor since DATE . Doctors who had made the journey from PERSON at that time had examined him and written a report on his state of health , which they described as serious . In the same letter , he accused the authorities of GPE of hypocrisy , alleging that in spite of their calls for the applicants ' release they were doing everything they could to prevent them from regaining their liberty .

On DATE the applicants ' representative , PERSON , informed the ORG that the conditions of detention of the CARDINAL applicants still incarcerated had deteriorated since DATE . Mr PERSON had been refused a visit by his wife , without any explanation .

Mr PERSON and PERSON began to receive only bread for food . Mr PERSON was transferred to ORG where , in conditions of total isolation , he was told that he would not be permitted any visits for DATE .

With the exception of Mr ORG , the applicants were permitted correspondence in NORP ; letters in NORP were forbidden . Their mail was censored . They could not as a general rule receive newspapers in NORP .

Mr PERSON was refused a visit from his wife on DATE . The visit was allowed to go ahead DATE .

At the witness hearings before the delegates of ORG in PERSON in DATE , the NORP prison service undertook to allow the applicants ' lawyers to meet their clients detained in GPE . PERSON was able to see his client , PERSON , for the first time on a date which has not been specified , in DATE or DATE . Mr PERSON was able to meet his clients for the first time since their incarceration on DATE .

The ORG has established the conditions under which the applicants ' medical examinations were conducted on the basis of the witness evidence and other documents in its possession , including the registers of medical consultations kept in the places of the applicants ' detention .

In general , the ORG notes that , during their detention the applicants ' health deteriorated .

They were able to see , at their request , the prison doctor , who in most cases restricted his examination to palpation and auscultation .

PERSON , although suffering from acute arthritis , pancreatitis and a dental abscess , was refused permission to see a doctor . His eyesight also deteriorated .

In DATE , however , PERSON was taken to hospital in PERSON and operated on for his pancreatitis .

With few exceptions , the applicants ' illnesses were not treated . The only medicines they were given were the medicines sent by their families . The prison “ authorities ” cited security grounds as the reason for not allowing the applicants to receive the pharmaceutical information notes accompanying these medicines .

After negotiations with the GPE authorities , and above all after the intervention of President PERSON , the NORP prison authorities allowed specialists from PERSON to examine the applicants . Thus , on several occasions DATE , the applicants were examined by a medical commission from GPE , which included Mr PERSON and Mr PERSON . In DATE the visits took place from DATE , and again in DATE .

On CARDINAL occasion , Mr PERSON was able to have an electrocardiogram ; Mr GPE was operated on for liver disease ; Mr PERSON had an injection for his tuberculosis and was prescribed treatment .

The examinations took place in the presence of prison doctors and warders . The medicines prescribed by the NORP doctors , as recorded in the prison medical registers , were not supplied , the only medicines received by the applicants being those brought by their families .

On CARDINAL occasions , Mr PERSON was allowed to be examined by ORG doctors .

Mr PERSON , who was suffering from tuberculosis , was treated for DATE , until DATE . However , most of the medicines were provided by his family .

None of the applicants was able to obtain dietetically appropriate meals , although these had been prescribed by doctors , in Mr PERSON 's case for his disorder of the digestive tract , in Mr PERSON 's case for his liver disease , in PERSON case for the consequences of his pancreatitis and in PERSON case for his tuberculosis .

PERSON , Mr PERSON and PERSON said they suffered from pancreatitis , liver disease and tuberculosis respectively and were not receiving the appropriate treatment .

Mr PERSON now occupies the same cell in FAC Mr ORG was in before his release , although there is a special wing there for prisoners with tuberculosis . Since the entry into force in DATE of the new NORP Code of Criminal Procedure , PERSON conditions of detention in ORG have improved , since he can receive CARDINAL extra parcels and CARDINAL extra visits per year . The improvement was ordered by the governor of ORG in the light of the applicant 's good conduct .

During DATE of his detention in GPE , Mr PERSON was ill - treated several times .

On the slightest pretext , Mr PERSON was removed to a disciplinary cell .

After his transfer to ORG no . CARDINAL , Mr ORG 's situation improved slightly in that he was not punished so frequently as at ORG and was ill - treated only after certain events .

For example , after the publication in the press of an article about the applicants , prison warders entered the cells of Mr PERSON and Mr PERSON and confiscated or destroyed all the objects they found there . They beat the applicants severely and placed them in disciplinary cells for TIME .

The cells of Mr PERSON and Mr PERSON were smashed up after PERSON ORG had voted for the NORP government in DATE , and after the lodging of their application to the ORG . The objects destroyed included personal effects such as photographs of the applicants ' children and icons . They were also savagely beaten .

After lodging his application with the ORG , Mr PERSON was beaten by soldiers who kicked him and hit him with rifle butts . He then had a pistol placed in his mouth and was threatened with death if he ever tried to send letters out of the prison again . On that occasion he lost a tooth .

In the above - mentioned letter of CARDINAL DATE , PERSON said that on DATE hooded civilians had entered his cell , struck him with a stick on his head , his back and over his liver and punched him repeatedly over his heart . They had then dragged him into the corridor , where he saw CARDINAL Colonel GPE in the act of banging PERSON head against a wall and kicking him . Colonel GPE had then put a pistol into Mr PERSON 's mouth and threatened to kill him . Colonel PERSON had told the applicants that this assault had been prompted by their application to ORG . In the same letter , PERSON urged the NORP parliament and Government , the international media and human rights protection organisations to intervene in order to halt the torture to which he and the other CARDINAL applicants were being subjected .

Following these events , as appears from a letter of CARDINAL DATE sent to ORG by PERSON representative , the applicants were denied food for DATE and light for DATE .

Mr PERSON 's cell in FAC was smashed up on other occasions , in DATE and on or around DATE .

The negotiations between GPE and GPE about the withdrawal of NORP forces from GPE , during which the settlement of the NORP question was also mentioned , never covered the applicants ' situation . However , in discussions between the NORP President and the President of GPE , the NORP side regularly raised the question of the applicants ' release ( see PERSON : Y , § CARDINAL ) .

In the context of the creation by the NORP side of a commission to examine the possibility of pardoning all persons convicted and detained in GPE as a result of judgments delivered by the NORP courts ( see PERSON : Mr Sturza , § § CARDINAL and CARDINAL ) , the GPE authorities obtained a promise of the applicants ' release . In that context , the GPE Deputy Attorney - General , PERSON , went to PERSON several times to negotiate the applicants ' release , even meeting PERSON ORG in DATE in ORG .

Mr PERSON went CARDINAL last time to PERSON on DATE in order to bring the applicants back to PERSON , but without success . It was only on DATE that Mr PERSON was released ( see paragraph CARDINAL below ) .

In a letter of DATE , the President of GPE , PERSON GPE , and the head of the LOC mission in GPE , PERSON , asked PERSON to release the applicants for humanitarian reasons .

On DATE the new President of GPE , PERSON , again asked PERSON to release the applicants on humanitarian grounds .

From the beginning of the negotiations with the NORP , the question of the applicants ' situation was regularly raised by the NORP authorities . In particular , discussions on this point took place with representatives of the “ prosecution service of the FAC ” , the “ ORG of the FAC ” and the “ Minister of Justice of the FAC ” , and with PERSON .

The applicants submitted to the ORG a note verbale dated DATE to the NORP embassy in GPE , in which ORG of GPE drew ORG attention to the fact that the memorial they had filed with ORG in DATE gave a subjective assessment of GPE 's role in the case of the ORG group and in no way reflected “ the friendly character of relations between GPE and the NORP Federation ” . The note continued :

“ Examination of the memorial by ORG of ORG , due to take place on DATE , may cause serious prejudice to the interests of GPE and GPE .

In that context , the NORP side , relying on the agreement reached by the heads of the diplomatic services of the CARDINAL countries with regard to the need to withdraw the memorial concerned , urges the Government of GPE to take all the necessary steps to ensure the withdrawal of this document before DATE and to inform ORG and GPE 's representative to that organ of the fact officially . ”

Mr PERSON said that at TIME on DATE PERSON , also known as PERSON , the NORP “ Minister of Security ” , entered his cell and told him to get dressed quickly because he was to be presented to the “ President of the FAC ” . The applicant left all his personal effects in the cell and was placed in a car attached by handcuffs to CARDINAL soldiers . PERSON also got in the car . The applicant was driven to GPE and there , QUANTITY away from the presidential palace , he was handed over to the head of the NORP secret service , PERSON . The applicant asserted that Mr GPE had read out in front of Mr Păsat his transfer document , worded as follows : “ The prisoner PERSON , who has been sentenced to death , is transferred to the competent organs of GPE . ” After handing over this document , Mr GPE allegedly declared that the sentence remained valid and would be enforced if Mr PERSON returned to GPE .

NORP special forces then took the applicant to ORG , where he was questioned briefly before being released .

On DATE ORG informed the ORG that the President of GPE , PERSON , had learned of PERSON ORG 's release from a letter sent to him by Mr PERSON on DATE . In that letter , Mr PERSON requested that in return for the NORP authorities ' gesture , GPE should condemn “ its DATE aggression against the NORP people ” , make full reparation for the pecuniary damage sustained by the “ FAC as a result of the aggression , and present its “ apologies to the NORP people for the pain and suffering caused ” .

In a letter of DATE , ORG submitted to the ORG copies of several decrees signed by PERSON , the “ President of the FAC ” .

Decree no . CARDINAL , signed on DATE , provided for a moratorium on enforcement of the death penalty within the territory of the “ FAC ” from DATE . This moratorium was apparently also applicable to judgments rendered before that date , but not enforced by the time of the decree 's entry into force , which was to coincide with its signature and publication in ORG . Decree no . CARDINAL , signed by Mr PERSON on DATE , granted a pardon to Mr PERSON and ordered his release . The decree came into force on DATE of its signature .

ORG made no comment on the subject of Mr ORG 's alleged transfer , but merely submitted to ORG PERSON 's decree concerning the applicant . Nor did they comment on the decree 's authenticity . They added nevertheless that they had heard rumours to the effect that , before signing the decree in question , PERSON PERSON had commuted the death sentence imposed on Mr PERSON to CARDINAL of life imprisonment .

Mr PERSON asserted that Mr PERSON 's decree was a forgery created after his release . He maintained that , in spite of his release , his conviction remained valid and that if he returned to GPE he would be liable to the death sentence .

The ORG has only the allegations of Mr PERSON , a copy of PERSON PERSON 's “ decree ” of CARDINAL DATE and ORG assertions of a commutation of the sentence . None of these different accounts is corroborated by other evidence and the ORG can see no objective element capable of persuading it to accept one version rather than another . Consequently , the ORG considers that as the evidence before it stands at present , it is not able to reach a conclusion as to the reasons and legal basis for Mr PERSON 's release .

After Mr PERSON 's release , the representative of PERSON submitted in a letter received by ORG on DATE that this release had been prompted by the NORP authorities ' intercession with the NORP authorities . He asserted that , in an interview given to the NORP public radio station ORG , the NORP Minister for ORG , Mr PERSON , had stated : “ PERSON was released following the intervention of the NORP Minister for ORG , PERSON , who , at the request of GPE 's President PERSON , spoke to the PERSON authorities on this subject over the telephone . He explained to them that this is an international problem affecting the honour of GPE and GPE . ” Mr ORG apparently went on to say that he had met PERSON to try to convince him that “ the application to ORG could not be withdrawn because PERSON ORG was a prisoner of conscience , a hostage of the DATE conflict ” .

At the hearing on DATE , ORG thanked those who had contributed to Mr PERSON 's release , in particular GPE , and stated that they wished to modify the position they had previously adopted in the observations of DATE , particularly as regards the responsibility of GPE . They explained this decision by their desire to avoid undesirable consequences , such as tension or the end of the process aimed at finding a peaceful solution to the NORP dispute and securing the release of the other applicants .

After Mr PERSON 's release , meetings between him and the NORP authorities took place to discuss the prospects for the release of the other applicants .

At a press conference which he gave on DATE , the President of GPE , PERSON , declared : “ Mr PERSON is the person who is keeping his comrades detained in PERSON . ” He pointed out in that connection that he had suggested to Mr PERSON that he should withdraw his application to the ORG against GPE and GPE , in exchange for which the other applicants would be released before DATE , but that PERSON ORG had refused to do so . According to the NORP press agency GPE - press , PERSON also suggested that if Mr PERSON won his case before the ORG that would make the release of the other applicants more difficult .

NORP In a report of DATE written at the request of the ORG 's ORG by Mr PERSON , Professor of Criminal Law and Human Rights at ORG , and Mr PERSON , of the LOC , following a fact - finding visit to GPE , the applicants ' trial before ORG of the FAC ” was analysed from the point of view of respect for fundamental rights . The authors noted serious infringements of the defendants ' rights , which included the lack of any contact with a lawyer during DATE after their arrest , very limited access thereafter , infringement of the right to be tried by an impartial tribunal , in that the court had refused to examine the applicants ' allegations that their confessions had been wrung from them by inhuman treatment , and infringement of the right enshrined in LAW , in that the applicants ' trial had been conducted according to an exceptional procedure which denied them any right to an appeal .

Lastly , the authors described the trial as “ a political event from beginning to end ” . They concluded that some of the terrorism charges preferred against the applicants on the basis of LAW of the NORP era would be considered merely free speech issues in modern democracies .

On DATE the President of ORG and the Secretary General of ORG appealed to the separatist authorities in GPE to permit ORG ( ICRC ) to visit the applicants and called for an immediate improvement in their conditions of detention .

While in GPE on DATE and DATE , during a visit to GPE from DATE , ORG Commissioner for Human Rights asked the NORP authorities for permission to see Mr PERSON in order to check his conditions of detention . Permission was refused on the ground that , for lack of time , it had not been possible to obtain the necessary authorisations .

In DATE , following its visit to GPE , including the region of GPE , ORG for ORG Treatment or Punishment ( ORG ) produced its report . On the question of the situation in GPE 's prisons , the ORG drew attention to severe overcrowding and expressed its concern about the practice of keeping certain prisoners in solitary confinement for long periods and about the inadequate level of treatment for sick prisoners , indeed the total absence of treatment for tuberculosis patients , including the possibility of receiving dietetically appropriate meals .

The ORG pointed out that the situation in NORP penitentiary establishments in DATE left a great deal to be desired , especially at FAC , where the conditions of detention were deplorable : poor ventilation , insufficient natural light , inadequate sanitary facilities and overcrowding .

On the situation of the applicants in particular , the ORG said that CARDINAL members of the ORG group had been detained for DATE under conditions of solitary confinement which were having harmful psychological consequences for CARDINAL of them . The ORG went on to say that solitary confinement could , in certain circumstances , amount to inhuman and degrading treatment and that in any event solitary confinement for DATE was indefensible . The ORG asked the NORP authorities to relax the conditions of detention of the CARDINAL members of the ORG group held in solitary confinement by allowing them access to the newspapers of their choice and by ensuring that they could receive visits from their families and lawyers .

The doctors in the ORG delegation were able to examine CARDINAL of the CARDINAL applicants , including Mr ORG . They recommended that he be given appropriate medical treatment for his illness .

The ORG reported accounts of beatings in DATE allegedly inflicted on members of the ORG group imprisoned in PERSON by masked individuals .

The relevant provisions of LAW of DATE read as follows :

“ We , GPE , GPE ( RSFSR ) and GPE , as founder ORG and signatories of ORG of DATE , hereinafter referred to as the ' High Contracting Parties ' , hereby declare that the GPE as a subject of international law and a geopolitical reality no longer exists .

On the basis of the historical commonality of our peoples and the ties that have developed between them , and bearing in mind the bilateral agreements concluded between the High Contracting Parties ,

Desirous of setting up lawfully constituted democratic GPE ,

Intending to develop our relations on the basis of mutual recognition of and respect for State sovereignty , the inalienable right to self - determination , the principles of equality and non - intervention in internal affairs , of abstention from the use of force and from economic or other means of applying pressure and of settling controversial issues through agreement and other universally recognised principles and norms of international law ,

Confirming our adherence to the purposes and principles of the LAW of ORG , LAW and the other documents of ORG ,

Undertaking to abide by the universally recognised international norms relating to human and peoples ' rights ,

We have agreed as follows :

The High Contracting Parties hereby establish ORG .

NORP The member GPE will cooperate in safeguarding international peace and security and implementing effective measures for the reduction of armaments and military expenditures . ...

The Parties will respect each other 's efforts to achieve the status of a nuclear - free zone and a neutral ORG .

NORP The member GPE will maintain , and retain under joint command , a common military and strategic space , including joint control over nuclear weapons , the procedure for implementing which will be regulated by a special agreement .

They also jointly guarantee the necessary conditions for the deployment and functioning and the material and social security of the strategic armed forces . ...

The High Contracting Parties undertake to discharge the international obligations incumbent on them under treaties and agreements entered into by the former GPE . ”

On DATE the GPE 's Permanent Representative to ORG , Ambassador PERSON , communicated to the Secretary - General of ORG a letter from the President of GPE , PERSON , worded as follows :

“ The GPE 's membership of ORG , including ORG and all the other organs and organisations of the ORG system , is continued by GPE ( RSFSR ) with the support of the countries of ORG . In that connection , I request that the name “ GPE ” be used at ORG in place of ORG LOC ” . ORG assumes full responsibility for all the GPE 's rights and obligations under LAW , including financial undertakings . Please consider this letter confirmation of the right of all persons currently holding the status of GPE representatives to ORG to represent GPE in the organs of ORG . ”

On DATE the President of GPE , Mr PERSON , and the President of ORG , Mr PERSON , signed in GPE an agreement concerning principles for a friendly resolution of the armed conflict in the NORP region of GPE , which provided :

“ GPE and GPE ,

Desiring to bring about as rapidly as possible a final ceasefire and settlement of the armed conflict in the NORP regions ;

Endorsing the principles enshrined in the LAW of ORG and those of ORG ;

Noting that , on DATE , the President of GPE and the President of the Russian Federation reached agreement on principles ,

Have agreed as follows :

The parties to the conflict undertake , on signature of the present agreement , to take all necessary steps to implement the ceasefire , and a cessation of any other armed action against the other party .

As soon as the ceasefire has taken effect the parties will withdraw their armies , weapons and military equipment within DATE . Withdrawal of the CARDINAL armies will permit the establishment of a security zone between the parties to the conflict . The exact boundaries of the security zone will be determined in a special protocol agreed between the parties on implementation of the present agreement .

A specially created commission , composed of representatives of the CARDINAL parties to the settlement of the conflict , will have responsibility for verifying implementation of the measures provided for in DATE above and ensure that a security regime is enforced within the security zone . To that end , the commission will have recourse to the groups of military observers brought in under previous agreements , including quadripartite agreements . The control commission will complete its work within DATE of signature of the present agreement .

Each party will appoint its representatives to the commission . The control commission will sit in PERSON .

With a view to implementing the measures mentioned above , the control commission will take under its orders the military contingents of volunteers representing the parties participating in the implementation of the present agreement . The positions to be occupied by these contingents and their interventions to maintain the ceasefire and ensure security in the conflict in the region will be determined by the control commission , which must reach a consensus in this regard . The size of the military contingents , their status and the conditions for their intervention in and withdrawal from the security zone will be laid down in a separate protocol .

In the event of breaches of the provisions of the present agreement , the control commission will carry out inquiries and take without delay the necessary steps to re - establish peace and order , and appropriate measures to prevent future breaches .

As the seat of the control commission , and in view of the seriousness of the situation , PERSON is hereby declared a region subject to a security regime , enforcement of security being the task of the military contingents of the parties to implementation of the present agreement . The control commission will ensure the maintenance of public order in PERSON , acting together with the police .

ORG will be administered by the organs of local self - government , where necessary acting together with the control commission .

GPE ORG , stationed in the territory of GPE , will observe strict neutrality . Both parties to the conflict undertake to observe neutrality and not to engage in any action against ORG property , its personnel or their families .

All questions relating to ORG status or the stages and timetable for its withdrawal will be settled by negotiations between GPE and GPE .

The parties to the conflict consider sanctions or blockades of any kind unacceptable . Accordingly , all obstacles to the free movement of goods , services and persons shall be removed , and all necessary measures will be taken to put an end to the state of emergency in the territory of GPE .

NORP The parties to the conflict will enter without delay into negotiations to solve problems relating to the return of refugees to their homes , aid to the population of the conflict - stricken region and reconstruction of housing and public buildings . GPE will lend its full support to that end .

The parties to the conflict will take all necessary steps to ensure the free movement of humanitarian aid intended for the conflict - stricken region .

A common press centre will be created with the task of providing the control commission with correct information about developments in the situation in the region .

The parties consider that the measures provided for in the present agreement form a very important part of the settlement of the conflict by political means .

The present agreement will come into force on DATE of its signature .

The present agreement shall cease to have effect by a joint decision of the parties or in the event of denunciation by CARDINAL of the parties , which will entail cessation of the activities of the control commission and the military contingents under its orders . ”

On DATE the NORP parliament ratified PERSON of DATE by which GPE had joined the ORG , with the following reservations :

Article CARDINAL , with the exception of paragraphs CARDINAL and CARDINAL ...

ORG considers that within the CIS GPE will make economic cooperation its priority , excluding cooperation in the political and military sphere , which it considers incompatible with the principles of sovereignty and independence . ”

The relevant provisions of LAW of DATE provide :

“ CARDINAL . GPE proclaims its permanent neutrality .

GPE shall not authorise the stationing in its territory of troops belonging to other GPE . ”

“ CARDINAL . A form of autonomy under special conditions may be granted to areas on the left bank of the Dniester and in the south of GPE by virtue of a special status authorised by means of an institutional act ... ”

The relevant provisions of the Moldovan Criminal Code provide :

“ False imprisonment shall be punished by imprisonment for DATE .

False imprisonment which has endangered the life or health of the victim or caused him or her physical suffering shall be punished by imprisonment for DATE . ”

“ Usurpation of the powers or title corresponding to an official office , if perpetrated in order to further the commission of an offence , shall be punished by a fine of up to CARDINAL times the minimum monthly salary or DATE labour or DATE imprisonment . ”

On DATE GPE and GPE signed an “ Agreement concerning the legal status of the military formations of GPE temporarily present in the territory of GPE and the arrangements and time - limits for their withdrawal ” , whose main provisions are worded as follows :

“ GPE and GPE , hereinafter referred to as ' the Parties ' , with the participation of the region of GPE ,

Having regard to the new political relations established in LOC and throughout the world ;

Confirming that GPE and GPE are sovereign and independent GPE ;

Convinced that they must ground their relations on principles of friendship , mutual understanding and cooperation ;

Proceeding from agreements the Parties have already reached in the military sphere ;

Acting in accordance with the documents adopted at the Conference for Security and Cooperation in LOC ,

Have agreed as follows :

The status of the military formations of GPE in the territory of GPE is determined by the present Agreement .

The stationing of military formations of GPE within the territory of GPE is an interim measure .

Subject to technical constraints and the time required to station troops elsewhere , the NORP side will effect the withdrawal of the above - mentioned military formations within DATE from the entry into force of the present Agreement .

The practical steps taken with a view to withdrawal of the military formations of GPE from NORP territory within the time stated will be synchronised with the political settlement of the NORP conflict and the establishment of a special status for the NORP region of GPE .

The stages and timetable for the final withdrawal of the military formations of GPE will be laid down in a separate protocol , to be agreed between the Parties ' ORG .

For as long as NORP military formations remain in the territory of GPE , no recourse may be had to them with a view to the solution of an internal conflict within GPE , or for other military actions against third countries .

The sale of any type of military technology , armaments and ammunition belonging to the military formations of GPE in the territory of GPE may take place only after a special agreement between the governments of the CARDINAL countries .

Movements and military investigations by the military formations of GPE in the territory of GPE outside their bases will take place in accordance with a plan drawn up by agreement with the relevant organs of GPE .

It is the responsibility of military formations to ensure , both inside their bases and during movements outside , that military objects and property are guarded in the manner prescribed within the NORP army .

Tiraspol military airport will be used as the joint base of the aviation of the military formations of GPE and the civil aviation of the NORP region of GPE .

Movement of military aircraft inside the airspace of GPE is to take place on the basis of a special agreement concluded between the Parties ' Ministries of the Interior .

Accommodation and barracks , service buildings , vehicle parks , firing ranges and fixed machine tools , stores and the tools they contain , buildings and other LOC left unoccupied as a result of the withdrawal of the military formations of GPE will be transferred for management to the organs of the local public administrative authorities of GPE in the quantity existing de facto and in the condition they are in .

The manner of the transfer or sale of the immovable property of the military formations of GPE will be determined in a special agreement to be concluded between the governments of the Parties .

With a view to ensuring the withdrawal of the military formations of GPE from the territory of GPE within the time stated , and their effective operation in their bases within the territory of GPE , the premises needed for the installation of the military formations will be moved . The amount of money to be paid , the list of premises to be reconstructed and the place where they are to be installed will be determined in a special agreement .

The present Agreement will come into force on DATE last notification by the Parties concerning implementation of the necessary internal procedures , and will remain in force until the total withdrawal of NORP military formations from the territory of GPE .

The present Agreement will be registered with ORG in accordance with LAW . ”

On DATE an agreement was reached in GPE between ORG of GPE and GPE on flights by the aviation of NORP military units temporarily located in the territory of GPE ; this provided for use of PERSON airport by transport planes of the armed forces of GPE . The relevant parts of that agreement provide :

“ PERSON military airport will be used by the military units of GPE until their definitive withdrawal from the territory of GPE .

Movement and joint flights at Tiraspol airport by the civil aviation of the region of GPE belonging to GPE and NORP aircraft will take place in accordance with the ' Provisional rules on the joint dispersed aviation of the military formations of GPE and the civil aviation of the region of GPE of GPE , and in coordination with the ORG civil aviation authority of GPE , ORG of GPE and ORG of GPE .

Other aircraft may take off from PERSON airport only after coordination with the ORG aviation authorities of GPE and ORG of GPE . ”

“ The postal aircraft belonging to the NORP units may take off from PERSON airport twice a week at most ( on DATE , or on DATE after prior coordination between the Parties ) . ”

Requests by the aviation of the armed forces of GPE to carry out flying tuition , training flights and flyovers are to be presented before TIME ( local time ) through the air traffic coordination bodies ( control centres ) .

Confirmation of such requests and the authorisations needed for use of GPE airspace will be issued by the anti - aircraft defence and aviation control centre of ORG . The decision concerning the use of GPE airspace , in accordance with the flight request , in the areas where the NORP units are temporarily stationed will be taken by the Chief of ORG . ”

“ Monitoring of the implementation of the present agreement will be carried out by the representatives of ORG and GPE , in accordance with the special rules drawn up jointly by them . ”

“ The present agreement will come into force on the date of its signature and will remain valid until the definitive withdrawal of the military units of GPE from the territory of GPE .

The present agreement may be amended with the mutual consent of the Parties . ”

The instrument of ratification of the Convention deposited by GPE with ORG on DATE contains a number of declarations and reservations , the relevant part being worded as follows :

“ CARDINAL . GPE declares that it will be unable to guarantee compliance with the provisions of the Convention in respect of omissions and acts committed by the organs of the self - proclaimed NORP - Dniester republic within the territory actually controlled by such organs , until the conflict in the region is finally settled .

On DATE the representative of GPE , PERSON PERSON , and the representative of the “ FAC , PERSON , signed in GPE ( GPE ) an agreement on questions relating to military property , worded as follows :

“ At the close of negotiations on questions relating to military property linked to the presence of the NORP forces in GPE , agreement has been reached on the following points :

All the property concerned is divided into CARDINAL categories :

( a ) the first category includes the standard - issue weapons of ORG of NORP forces , its ammunition and its property ;

( b ) the second includes weapons , ammunition and surplus movable military property which must imperatively be returned to GPE ;

( c ) the third includes weapons , ammunition and military and other equipment which can be sold ( decommissioned ) directly on the spot or outside the places where they are stored .

Revenue from the sale of property in the third category will be divided between the parties in the following proportions :

GPE : PERCENT

Transdniestria : PERCENT , after deducting the expenses arising from the sale of military property in the third category .

Conditions for the use and transfer of property in the third category shall be laid down by GPE with the participation of GPE .

NORP The parties have agreed to pay their debts to each other in full on DATE by offsetting them against the income from the sale of military property or from other sources .

GPE will continue to withdraw from GPE the military property essential to the requirements of the NORP armed forces as defined in the annex to the present agreement . The NORP authorities will not oppose the removal of this property .

NORP In agreement with GPE , GPE will continue to destroy the unusable and untransportable ammunition near to the village of Kolbasna with due regard for safety requirements , including ecological safety .

To ensure the rapid transfer of the immovable property , the representatives of GPE and GPE have agreed that the LOC vacated by the NORP forces may be handed over to the local authorities in GPE in accordance with an official deed indicating their real value .

It is again emphasised that the gradual withdrawal of NORP armed forces stationed in GPE and the removal of their property will be effected transparently . Transparent implementation of the withdrawal measures can be ensured on a bilateral basis in accordance with the agreements signed between GPE and GPE . The essential information on the presence of the NORP forces in GPE will be transmitted in accordance with the current practice to the LOC , through the LOC mission in PERSON . ”