Russia ignores ECtHR ruling on Transnistrian schools
The Committee of Ministers of the Council of Europe recently adopted a new decision concerning the Russian Federation's non-execution of the European Court of Human Rights (ECtHR) judgment in the Catan and Others v. Moldova and Russia case.
This judgment found the Russian Federation responsible for violating the right to education of children, parents, and teachers in Romanian-language schools in the Transnistrian region.
According to a statement from Promo-LEX, the Committee of Ministers stressed that despite the Russian Federation ceasing to be a party to the European Convention on Human Rights on September 16, 2022, it remains obligated to implement previously issued ECtHR judgments, under Article 58 of the Convention.
Specifically, the Russian Federation must ensure payment of the compensation awarded by the Court and implement general measures to end the documented violations.
The Committee of Ministers underscored the critical importance of primary and secondary education for children's development and future success. The recent decision reaffirmed the right of students to learn in their native language, without obstacles, and emphasized Russia's obligation to honor its legal responsibilities to end all forms of harassment and intimidation directed against students, parents, and teachers in Latin-script schools.
Despite the Court explicitly establishing the Russian Federation's responsibility and indicating the need for remedial measures, Russian authorities have yet to present an action plan.
Consequently, the Russian Federation refuses to pay the compensation awarded by the ECtHR: €6,000 per claimant and €50,000 in total for costs and expenses.
Prior to this decision, Promo-LEX submitted a new communication to the Committee of Ministers, signaling the Russian Federation's continued non-compliance with the ECtHR provisions and the obligations established in the Catan and Others v. Russia case.
The Committee of Ministers will resume the examination of the Catan case group at a subsequent meeting in 2026, reserving the right to use any appropriate means to push for the execution of the judgment, the source states.
It is worth mentioning that the ECtHR issued the Grand Chamber judgment in the Catan and Others v. Moldova and Russia case on October 19, 2012. The case concerns the complaint of children and parents from the Transnistrian region regarding the effects of the language policy adopted in 1992 and 1994 by the separatist regime, which prohibited the use of the Latin alphabet in schools, and regarding subsequent measures taken to implement this policy.
According to an ECtHR press release, quoted by avocatnet.ro, between 2002 and 2009, the number of students in Evrica and Alexandru cel Bun high schools practically halved, and between 2000 and 2009, the number of students in Ștefan cel Mare high school decreased by three-quarters.
In light of the Ilascu jurisprudence, the Court determined that the Moldovan government did not support the separatist regime and exhausted all available political and legal measures to regain control of the Transnistrian region. Thus, the ECtHR decided by a majority of 16 votes to one that the facts complained of by the applicants in this case fall under the jurisdiction of Russia, a country that has provided Tiraspol with continuous military, economic, and political support.
Translation by Iurie Tataru
