Study: The Military Service Obligations of the Inhabitants of the Transnistrian Region of Moldova

Research The military service obligations of the inhabitants from the Transnistrian region of Moldova

ChiĹ&#x;inău 2008

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Contents

Introduction ....................................................................................................................... 3

Chapter I.

General overview . ........................................................................................................... 5

Chapter II.

Legal framework, regulations ................................................................................... 8 2.1. International tools..................................................................................................... 9 2.2. National legislation of the Republic of Moldova............................................ 10 2.3. Local regulations (Transnistrian).......................................................................... 12

Chapter III.

The military conscription of inhabitants of the region ................................. 16 3.1. Military registration, drawing up the lists and recruit summoning ...... 17 3.2. Medical examination ............................................................................................... 21 3.3. Military service . ......................................................................................................... 23 3.4. The status of reservists ........................................................................................... 28

Chapter IV.

Specific problems . ........................................................................................................... 31 4.1. Non-statutory relations .......................................................................................... 32 4.2. Forced labor . .............................................................................................................. 33 4.3. Money extortion ....................................................................................................... 33 4.4. Ethnical aspects . ....................................................................................................... 34 4.5. Behavior of authorities ........................................................................................... 35

4.5.1. Constitutional authorities .......................................................................... 35

4.5.2. Separatist authorities . ................................................................................. 36

Summary. Conclusions .................................................................................................. 38

Case study . .......................................................................................................................... 43 Anatol Mospan............................................................................................................ 43 Eugen Kolobyshko..................................................................................................... 45

List of abbreviations ....................................................................................................... 46

Anex . .................................................................................................................................... 47

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Research

������������� Introduction Since July 2004, the Promo-Lex Association’s has focused its activities on the protection and promotion of human rights in the Transnistrian region of the Republic of Moldova. As a result, Promo-Lex has identified multiple hardships faced by Transnistrian inhabitants due to the fact that the constitutional authorities do not sufficiently guarantee, monitor or protect the constitutional rights and interests of their citizens.

In order to contribute to the process of promotion, monitoring and protection of fundamental human rights and freedoms in the Transnistrian region of the Republic of Moldova, the Promo-Lex Association, through its programmes and projects, has cooperated with both authorities and civil society in Moldova, as well as with international organizations and accredited diplomatic missions established in Chisinau, for which we would like to express our gratitude.

Since 2005, the Promo-Lex Association has launched alternative reports on the situation of human rights in Moldova, which include the analysis of various violations of human rights in the region of Transnistria.1 Severe problems have been identified during this time in regard to the freedom of movement of Transnistrian inhabitants and military conscription. Promo-Lex has consistently focused national and international attention on the severe situation in this respect. Meanwhile, the majority of constitutional authorities, civil society organizations and international actors have limited themselves to merely monitoring the situation of fundamental rights and freedoms of more than 555.000 inhabitants of Transnistria. Therefore the work of Promo-Lex is extremely vital. Each document published by Promo Lex that is brought forth to the constitutional authorities and the public can contribute to a change in attitude in regard to the severe problems faced individually and collectively by the inhabitants of Transnistria and the people who travel through the region.

From 2007-2008, thanks to the financial support provided by Swedish Helsinki Committee, Promo Lex implemented the project of “Pleading for the Respect for Human Rights in the Moldovan Region of Transnistria”. The activities performed within the framework of this project focused on the 2 major problems-- freedom of movement and the forced military obligation of local inhabitants.

The study on the forced military obligation of the inhabitants of the Moldovan region of Transnistria is another addition to the list of documents that reflect the real situation in the separatist region of Transnistria. Its authors have aimed to carry out an objective analysis including on the ground research of the situation in the

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Research

territory, as well as the in-depth study of national legislation and both local and regional legal acts issued by the illegal regime from Tiraspol.

Recently, the situation in regard to military conscription has worsened due to several cases of death in paramilitary structures, which were registered and made public for the first time in 2008.2 The public information and debates on these cases made it possible to identify the unfavorable situation for young recruits in the illegal military structures in Transnistria. The victims of the abuses were encouraged

by Promo Lex to speak up about the real situation in Transnistria’s military units and centers.

This document is not only aimed at monitoring the situation but also written to serve as an assessment of the said phenomenon and how it affects human rights and freedoms in this territory.

Finally, we hope this paper will motivate the constitutional authorities of the Republic of Moldova to approach the issue of the uniform and non-discriminatory implementation of its citizens’ rights throughout the entire country.

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http://novaiagazeta.org.ru/index.php?newsid=38

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General overview

CHAPTER I

General overview ����������������

Starting with 1991 the Republic of Moldova as subject of international law has signed most important international documents, has become a full member of most important international, continental and regional forums. Just as well, Moldova participates in various programs and projects focused on development, exchange of experience, assistance and support, etc. All of the things mentioned hereabove contributed to the sometimes long and slow, but still a process of democratization of the Moldovan society. However the process excluded the region of Transnistria of the Republic of Moldova, which lead to the appearance of two different societies: one on the right bank of the Nistru River, undergoing both a development and regress of democracy, and another on the left bank of the Nistru River (Transnistria), facing a severe stagnation.3 The territorial division of the Republic of Moldova is still causing a high degree of poverty among the population, as well as an increase in the demographic, economic, political and social crisis. Under such circumstances, the respect for human rights turns into an illusion for the inhabitants of the region of Transnistria4 and those of the security area.5 Due to the Transnistrian conflict,6 in parallel to the EU extension, Moldova gets again the full attention of international forums. The decade of preservation and avoidance of the situation in the territory placed under foreign occupation complicates even more any possible solution. Moldova has been the nucleus of major geopolitical interest conflicts from year 1992. Because of an almost perfect scenario, military violence and inaction of the constitutional authorities a phantom entity led by an illegal regime was created through the peace-keeping mechanism and behind it.

Obviously, this was possible due to the fact that constitutional authorities ignored their obligations, due to the lack of international control or monitoring, the absence of democratic traditions, of a viable civil society and a public opinion that is informed and educated in a spirit of freedom and democracy. The fortification of the illegal regime from Transnistria was accompanied by severe mass abuses 3

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http://www.fdcl.org.ro/html/romana/conf040406_r.htm Since 2003 was launched the strategic formula of crisis resolution, entitled “3D”: demilitarization (unconditional evacuation of Russian military potential, including 17 tanks belonging to Tiraspol regime, Chisinau authorities don’t have any tanks), decriminalization (its known that Transnistria is used for performing mafia type activities) and democratization of the whole state of Republic of Moldova, in integrity, without any special juridical statute.

Anex nr.1 Anex nr.2 Note: The convention regarding peaceful principles of reconciliation of the armed conflict from Nistrean area of RM, signed

by Moldova and Russia at 21.07.1992, created a security area between the “conflict parts”, and city Tighina was declared as an area with increased security regime.

Political annalist Igor Munteanu: “Transnistrian dispute is not a conflict, but a military rebellion inspired and patronized by Russia, as part of the existent dispute, disguised through an improper role of “mediator” in the conflict. The Explicative Dictionary says that the dispute is “a divergence of the opinions expressed by two and more sides”. Transnistria is a conflict frozen by military means, inspired by economic and ideological interests, the settlement of which depends on geopolitical factors.” http://info-prim.md/?a=10&x=&ay=14712

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General overview

and violations of fundamental rights and freedoms. Under such circumstances, the internal border that is formally established along the Nistru River becomes more and more real.

Recently there have been many discussions around the democratization of the region of Transnistria and settlement of the frozen conflict. However, no actions that would allow the local population to take part in the democratic processes going on in the rest of the country have actually been taken. These people are not secured with equal terms of participation in the public life in Moldova, they do not have access to national institutions and mechanisms, they cannot be directly updated on events occurring in their own country, etc. This is the situation today contrary to the statements made by officials, which are limited to such formal arguments, as: “The constitutional authorities do not hold control over this territory” or “by having signed the Convention the Moldovan Government declared that it shall not be able to secure its provisions with respect to the omissions and acts committed by the separatist authorities...”.7 In this sense, now it is the right time to explain the position of Promo-Lex legal advisors, which cannot be different from the one expressed in the ECHR conclusions presented at the end of a thorough and objective analysis in one of the cases examined by the Grand Chamber. The Court noted that “any engagement which the Contracting Party may undertake ... shall include all positive obligations, except the obligation of non-interference in the exercise of guaranteed rights and freedoms, to take adequate measures to secure the respect for such rights on its territory. Such obligations shall endure even if Contracting Party’s jurisdiction shall be limited to a part of its territory, so that the state has to obligation to use all reasonable endeavors.”8 Thus, constitutional authorities have an inadequate attitude toward its citizens residing on this territory. The Moldovan Government shall be able to avoid charges of violation of the Convention only if it shall prove to have made all necessary efforts and used all legal and peaceful endeavors to provide a non-discriminatory protection and defense of human rights. Or, we have always been of the opinion that constitutional authorities do not enforce the national legislation, do not create mechanisms and do not grant adequate conditions and free access to its institutions to the inhabitants of the region of Transnistria. It is specifically such types of actions that allowed for the substitution and accomplishment of the tasks of constitutional authorities by the separatist ones.

A perfect example in this respect is the one we shall further suggest: the military condition of the inhabitants of the region of Transnistria. First we need to note that the authors hereof did not set the objective to make a comparative analysis between the situation of the military from the 2 military systems in Moldova. Thus, 7

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art.1 pct.1 RM Parliament Decission nr.1298-XIII from 24.07.97 on ratification of the Convention on Protection of Human Rights and Fundamental Freedoms. The ratification instrument of the Convention presented by RM to the Council of Europe at 12.09.1997 contains an imposable number of declaration and reserves, the pertinence part contains the following: “RM declares that will not be able to assure the observance of Convention dispositions pertaining to the omissions and committed acts by the bodies of self proclaimed RMN on the territory effectively controlled by them until the final resolution of this conflict”. para 313, Ilascu and others vs Moldova and Russia

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General overview

all statements and evidence of the situation of paramilitary structures from the left bank of the Nistru River do not imply the lack or presence of similar situations in national military structures. However, it is worth mentioning that the military units of constitutional authorities are in the constitutional legal framework, they can be monitored by the civil society, the mass media and national and international public opinion, while the paramilitary structures from the region are under the control of an illegal regime and lack any degree of transparency.

During several years Promo Lex beneficiaries have reported problems related to their military condition. For this reason this paper shall focus on describing the real situation and how it violates the elementary rights of local inhabitants, as well as on highlighting the inaction of constitutional authorities, which have a positive obligation to take all measures to secure a non-discriminatory promotion, defense and protection of the rights of all Moldovan citizens. Even if the military enrollment process in Transnistria is illegal and contrary to the national legislation – in addition to having turned into a fear of all local residents – and military service is compared with deprivation of liberty, constitutional authorities prefer to ignore all these issues.

The number of all potential victims cannot be exactly established; still, according to some approximate calculations we believe this number to reach the figure of 55000 people. This could be the number of people residing in Transnistria aged between 18 and 27, based on the statistics provided by the State Register of the Population. There are 3750550 people residing on the territory placed under the control of constitutional authorities, 371848 of which are men aged between 18 and 27,9 i.e. approx. 10% of the population total. Taking into account the results of the last census, there are about 555000 people living in the region. Using the same calculation procedure, over 40000 young people out of the 55000 potential victims of the military system in the region could be full Moldovan citizens. These young people should undergo military registration with the constitutional authorities and be enrolled with the Armed Forces.

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Legal framework, regulations

CHAPTER II

Legal framework, regulations

The inhabitants of the region of Transnistria, as Moldovan citizens, should enjoy and benefit from equal treatment and access to national and international legal mechanisms. The military (people enrolled) or recruits, in their turn, are full citizens but have to endure certain limitations to their constitutional rights. Under these circumstances, a clear example emerges of discriminatory treatment applied to a large number of citizens.

According to national and international laws the fundamental rights and freedoms of the military personnel are as follows: • Right of defense (art.9 of the Law on the status of military servicemen, art.26 of the Constitution of the RM, art.8 DUDO; • Right of election (art.10 of the Law on the status of military servicemen, art.38 of the Constitution of the RM, art.21 DUDO, art.25 PDCP); vFreedom of thought (art.11 of the Law on the status of military servicemen, art.31 of the Constitution of the RM, art.9 of the Convention, art.18 DUDO, art.18 PDCP); • Right of inviolability of the person (art.8 of the Law on the status of military servicemen, art.25 of the Constitution of the RM, art.5-6 of the Convention, art.10 DUDO, art.9 PDCP); • Right to employment (art.12 of the Law on the status of military servicemen, art.43 of the Constitution of the RM, art.1 CSE, art.23 DUDO, art.7 PDESC); vRight to enrolment in military service (art.12 of the Law on the status of military servicemen); • Right of replacement of full-time military service with civil service (art.3 of the Law on organization of civil (alternative) service); • Right to education (art.13 of the Law on the status of military servicemen, art.35 of the Constitution of the RM, art.26 DUDO); • Service and leisure time (art.14 of the Law on the status of military servicemen, art.24 DUDO, art.7 PDESC); • Right to protection of health and medical care (art.15 of the Law on the status of military servicemen, art.36 of the Constitution of the RM, art.11, 13 of the European Social Charter, art.12 of the International Pact of economic, social and cultural rights); • Military personnel’s rights to normal living conditions (art.15 of the Law on the status of military servicemen, art.37, 47 of the Constitution of the RM, art.25 DUDO, art.11 PDESC); • Military personnel’s rights to a healthy way of life (art.347-355 of the Armed Forces Regulations for internal military service); • Right to a healthy environment (art.237-239 of the Armed Forces Regulations for internal military service); - -

Legal framework, regulations

• Right to insurance with food and equipment (art.15 of the Law on the status of military servicemen); • Right to free movement (art.27 of the Constitution of the RM, art.13 DUDO); • Right to transportation (art.17 of the Law on the status of military servicemen); • Right to financial insurance (art.18 of the Law on the status of military servicemen, art.4 CSE, art.23 DUDO, art.7 PDESC); • Right to compensations and obligatory state insurance (art.19-20 of the Law on the status of military servicemen); • Right to insurance with housing (art.21 of the Law on the status of military servicemen, art.11 PDESC, art.31 CSE); • Military personnel’s rights to retraining (Law on the status of military servicemen); • Legal and social protection of military servicemen’s family members (art.23 of the Law on the status of military servicemen, art.16 CSE, art.10 PDESC).10

2.1. International tools Just as any other citizen of the Republic of Moldova, the military personnel have equal fundamental rights and freedoms. The only exceptions are certain limitations and restrictions required for the accomplishment of the military service and battle tasks. In this sense we shall note that Moldova is a party to the most important international acts, which bind the constitutional authorities to ensure the human rights of all people residing under its jurisdiction without discrimination. The most relevant and important acts in this sense are as follows: • Universal Declaration of Human Rights; • International Pact of economic, social and cultural rights; • International Pact of civil and political rights; • International Convention on the rights of the child; • Convention on the political rights of women; • International Convention on the abolishment of all forms of racial discrimination; • Convention on abolishment of forced labor; • Convention against torture and other cruel, inhuman or degrading treatment or punishment; • Convention against discrimination in respect of employment and occupation; • Convention on access to information, public participation in decisionmaking and access to justice in environmental matters; • Convention relating to the status of refugees; • European Convention for the protection of human rights and fundamental freedoms; 10 X.Ulianovschi, T.Ulianovschi, “Military rights in national and international documents” Chisinau – 2005, Center for protection of the rights of recruits and soldiers in term from Moldova.

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Legal framework, regulations

• European Social Charter (revised); • Framework convention for protection of national minorities; • European convention for the prevention of torture and inhuman or degrading punishment;11

2.2. National legislation of the Republic of Moldova All legal relations in the military sphere in Moldova are governed by a range of normative acts, such as the Constitution, the Law on national defense, the Law on citizens’ training for defending the Motherland, the Law on organization of civil (alternative) service, the Law on preparation for mobilization and mobilization, the Law on military servicemen’s material liability, the Law regarding the approval of the Regulations for military discipline, the Law on the status of military servicemen, the Law on the status of foreign armed forces personnel in the Republic of Moldova, the Law on the Armed Forces reserves, etc.

Article 57 of the Constitution of the RM (29.07.1994) sets forth that “the defense of the Motherland is a holy right and duty of each citizen”, and that “the military service shall be accomplished within the military forces established for the purpose of national defense, border security and the preservation of public order under the law”. Having analyzed the situation of recruits in the Transnistrian region of the Republic of Moldova, it is important to highlight certain aspects of the national legislation, which are related to the fundamental rights and freedoms of this group of citizens. In the Constitution the state guarantees the respect for human rights and freedoms (art.1, para.3: Moldova is a democratic state of law, where human dignity, human rights and freedoms, the free development of human personality, justice and political plurality are supreme and guaranteed values). Article 15 stipulates that Moldovan citizens shall benefit from the rights and freedoms granted by the Constitution and other laws, and shall perform all obligations set forth therein. Art.16 provides that the respect for and protection of an individual is a primary obligation of the state and that all Moldovan citizens are equal before the law and public authorities may not discriminate on grounds of race, nationality, ethnicity, language, religion, gender, opinion, political affiliation, property or social origin. The obligation to protect Moldovan citizens is also set forth in art.18 of the Constitution, which states that all Moldovan citizens shall benefit from state protection both within the country and abroad.

In line with art.3 of the Law on national defense (Nr.345 of 25.07.2003) “The legal framework of national defense shall be formed of the Constitution of the Republic of Moldova, the concept of national defense, the military doctrine of the Republic of Moldova, this law, other normative acts of the Republic of Moldova, as well as the unanimously accepted norms of international law”. In this context we shall note that the new Concept of Moldova’s National Security12 qualifies the “Transnistrian conflict” as the most severe threat to national security. The document certifies that: 11 Ibidem 12 www.parlament.md

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Legal framework, regulations

“the presence of anti-constitutional military units in Transnistria, on Moldovan territory, contrary to the legislation of the Republic of Moldova, to international undertakings and the will of the citizens of the country favors the fortification of the separatist regime and constitutes a perpetuation factor of the status-quo.

The preservation and consolidation of the separatist regime increases the discrepancy within the unified legal framework of the Republic of Moldova and makes it impossible to offer legal assistance to Transnistrian inhabitants. Moreover, legal cooperation with Transnistrian courts is impossible. At the same time all efforts aimed at settling the problem of providing legal support to Transnistrian inhabitants shall be intensified, given the abuses committed by secessionist authorities and, undoubtedly, the preservation of fundamental rights and freedoms recognized through legal tools of international and European level, to which Moldova is a party.”

Art.42 of the Law on national defense sets forth that “any citizen and responsible official, who should fail to comply with the provisions of this law, shall become subject of criminal, administrative or civil proceedings, depending on the case, under the law”, and that “the establishment and functioning of armed units that are not provided by the Moldovan legislation is forbidden and shall be sanctioned under the law”.

The Law on preparation of citizens for the defense of the Motherland (nr.1245 of 18.07.2002) defines the forms, terms and procedure of military preparation of Moldovan citizens. The same normative act provides (art.2) that the military obligation is a constitutional duty of Moldovan citizens, which implies: military registration; accomplishment of military service; participation in other types of training for defense of the Motherland. At the same time, citizens who, for whatever reason,refuse to perform their military obligation (full-time military service, can undergo a civil service.

According to para.2, art.3 of this law, men shall undergo military registration at the age of 16 and shall be withdrawn from it when having reached the age limit for being in the reserves or in other cases provided by the law. At the same time, art.4 sets forth that military service is a special form of public service residing in the fact that the citizen accomplishes their constitutional duty of military preparation exclusively within the AF. The respective service is mandatory for all male citizens of the Republic of Moldova and can take various forms (contractual, full-time, parttime etc.).

In order to organize the recruitment of citizens and their enrollment in military and civil service, second-level administrative-territorial units and special autonomous territorial units establish territorial recruitment and enrollment boards for military and civil service. The same article 6 stipulates that sector recruitment-enrollment boards can be created, if needed, and if so a State Enrollment Committee can be created for coordinating their activity.

Art.8 of the Law on preparation of citizens for defense of the Motherland sets forth that citizens shall pass a medical examination at the expense of the local - 11 -

Legal framework, regulations

budget in line with the requirements of the Regulations on medical and military expertise in the AF.13 The authorities specialized in keeping military records are the military centers and recruiting, enrollment and completion points; on a local level military registration of recruits and reserve servicemen shall fall under the competence of local municipalities (pretura), public institutions and economic agents, regardless of their form of property. The control of the organization and military registration records shall be in the charge of the Army Staff.

Just as well, in line with art.12 of the same law, young people aged 16 are namely the ones who have the obligation to appear before the military center staff and be registered. Reserve servicemen (citizens who have accomplished their military service or civil service) are also registered with the military centers (art.13).

We can note that even though the Law nr.173 of 22 July 2005 on the main provisions of the special legal status of settlements on the left bank of the Nistru River (Transnistria) is, in its essence, a very good law, it does not refer to any guarantees or additional actions of promotion and protection of human rights in the region. Since the individual and collective rights of inhabitants and citizens residing in the region are severely hindered, we believe that the authorities of the state should develop a mechanism that would secure access to national and international institutions to Transnistrian inhabitants, which, in its turn, should create minimal and non-discriminatory conditions (as compared to the rest of Moldovan population) for the inhabitants and citizens residing in settlements placed under the control of the separatist regime.

The Law nr.156 of 6.07.2007 on the organization of the civil service offers an alternative to citizens, who, because of convictions of religious, pacifist, ethical, moral, humanitarian or other nature, cannot accomplish a full-time military service.

The provisions of art.3 refer expressly to the right of replacement of full-time military service with civil service in case if the first comes in conflict with the convictions of the individual. study

2.3. Local regulations (Transnistrian) The research on human rights in transinstrian region of the Republic of Moldova, developed by the “Promo-Lex� Association at the begging of the 2008 year had analyzed institutions and authorities that are under the control of the separatist regime.14 Taking advantage of protection and support of the different Russian structures, including officials one, the separatist regime from Tiraspol, after taking over the control had consolidated very quickly his power in the trensnistrian region of the RM.15 13 HG nr. 897 from 23.06.2003, www.lex.justice.md/index.php?action=view&view=doc&lang=1&id=305370 14 http://www.promolex.ong.md/publications.html 15 8.07.2004, ECHR decision in cause nr. 48787/99 Ilascu and others vs Moldova & Rusia, paragraph 59 „ In a written state-

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Legal framework, regulations

Today we can say that the structure that exists in this territory has all the attributes of a state entity, except legitimacy and international recognition.

Ironically, one of the provisions of art.1 of the constitution of the Republic of Moldova stipulates that “The usurpation of power or appropriation of regulatory powers is a most severe offence against the people.” Thus, in this sense, those who have in fact usurped the power in this territory of the Republic of Moldova actually banned and persecuted any peaceful attempt of the citizens or constitutional authorities to promote and disseminate the idea of resettling the constitutional public order in the territory. The separatist leaders have rapidly developed their own political and military system, and local inhabitants have been turned into hostages of foreign economic and geopolitical interests.

MRT citizenship was forced upon the local population by the daily social and economic relations (registration of real-estate and property, payment of utility fees, employment and work remuneration etc.). These inevitable relations with the local administration, as well as the absence of any efforts of constitutional authorities to protect the rights of Moldovan citizens served as a motive to force all local inhabitants into “acquiring” or accepting the citizenship of an illegal entity. Once having been “honored” with this “title”, the local population became the subject of “obligations” before a regime, which is illegal in essence.

All legal relations in the military sphere in the region are governed by the following normative acts: 1 constitution of the MRT; 2 law on defense; 3 law on armed forces; 4 law on universal obligation and military service; 5 law on security; 6 law on internal troops; 7 law on mobilization; 8 law on military obligation of transportation; 9 law on state security services; 10 law on the status of military men; 11 law on material liability of military personnel 12 law on the status of military forces of Russia dislocated in the MRT 13 law on the Republican Guard of the MSSRT 14 law on the Cossack 15 law on popular resistance The paramilitary structures appeared in the 90’s and included defense detachments, Cossack units and the Republican guard, all armed with equipment, ammunition ment sent to the Court by Mr Leşco’s representative on 19 November 2001, Mrs Olga Căpăţînă, a former volunteer attached to the Moldovan Ministry of National Security from 15 March to 15 August 1992, said that during that period, as evidenced by a certificate issued by the Ministry, she had worked for the general staff of the Russian army, at the 14th Army’s command and espionage center, under the name of Olga Suslina. While working there, she had sent the Moldovan Ministry of National Security hundreds of documents confirming the participation of Russian 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 the 14th Army, which coordinated all its actions with the Ministry of Defence of the Russian Federation.”

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Legal framework, regulations

and weapons provided by the Soviet (subsequently Russian) troops from the region. Thus, following the Moldovan-Russian war of 1992, the respective illegal structures were transformed into armed forces of the MRT, being equipped by the same sources.

Art.11 of the MRT constitution provides that the armed forces are created for the aim of defending the sovereignty and independence of the MRT, and art.48 stipulates the holy obligation of each individual to defend the MRT. Almost all the aforesaid legal norms refer to the military obligation of local inhabitants, and, finally, their enforcement is ensured by the punitive norms of the so-called criminal code of the MRT.16 Art.1 of the law on obligatory military service stipulates that double citizenship shall not serve as grounds for exempting an MRT citizen from their military obligation.

The authors of the Promo-Lex Study on human rights in the Moldovan region of Transnistria17 noted that the administrative power in this separatist entity is concentrated in the hands of a single individual – the so-called MRT president.

Further we shall prove again this statement by comparing the military attributions of the legislative body (art.5) and those of the MRT president (art.6). If the SS from Tiraspol has only formal power, the total military control is in the hands of the MRT president, who is also the supreme commander of the MRT. All his competence and powers in the military sphere are aimed at ensuring total control over the region, which was initially instated through military violence and with external support. Thus, the MRT president has the right to mobilize the inhabitants of the region and to even force them to fight against the country they are citizens of in order to defend an illegal regime.

Any further comment on the powers of the two “institutions” is useless, since the region is still controlled by military force as well as by a group of people led by Igor Smirnov. The population residing in this area is still limited in its fundamental rights and freedoms and therefore is not able to decide on its own fate. For more than 18 years a foreign citizen – Igor Smirnov – holds control over the region and has proclaimed himself to be its president.

However, a very interesting and extremely relevant law exists called the law on the status of armed forces of the Russian Federation dislocated on the MRT territory. This law stipulates that Russia cannot appear as a guarantor state and that it is not a neutral and equidistant party to the process of the settlement of the Transnistrian conflict.

Here are some arguments in this respect: according to the provisions of art.9 of the aforesaid law, the “MRT recognizes the right for dwelling space of individuals placed in the service of Russian military units, members of their families, and undertakes to secure

16 Penal Code, page 325. Avoiding the enrollment in military forces in absence of legal basics releasing from military service – is punished with a fee consisting of 700 until 1700 of minimal wage, or from 3 up to 6 months under arrest, or 2 years of detention.

17 http://www.promolex.ong.md/ro/publications.html

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Legal framework, regulations

them with housing under equal terms as compared to MRT citizens. The dwelling space allotted to military servicemen ..., shall be transferred into their property under the MRT legislation”. Thus, to the detriment of the rights and interests of local inhabitants, the Tiraspol leadership secures foreign military men and their families with housing and, in many cases, deprives locals of their dwellings for this purpose.18 At the same time, this norm also stipulates that Russian armed forces servicemen and members of their families in Transnistria shall benefit from the facilities established in the Soviet legislation for military servicemen and their families, including their insurance with pensions and all facilities afferent to it (art.8).

18 http://www.gpu.ua/index.php?&id=237295&lang=ru&s=2w_nsv Today everyone understands that Russian armed forces present in conflict areas like Georgia and Moldova, are carrying out not a peace building mission but an occupation one.

Russian troops are not solving the conflicts – they are on the side of “one side from the conflict”. Depute of Ukrainian Rada, member of parliament committee for foreign relations – Andrei Parubii.

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The Military conscription of inhabitants of the region

CHAPTER III

The Military conscription of inhabitants of the region

A simple analysis of the previous chapter underlines the fact that young people from the Moldovan region of Transnistria, citizens of the Republic of Moldova, are in a very difficult situation as they have to be enrolled in illegal paramilitary structures created on the territory of their country. Contrary to the national legislation most citizens are enrolled by force and must swear an “oath” to an unconstitutional regime. Moreover, the state whose citizens are the young recruits is considered to be the “enemy no.1” of the so-called Transnistrian state, and because of this, they are educated through propaganda and “military-patriotic education” activities in the spirit of intolerance, hatred and despise toward their own people and country – the Republic of Moldova.19 At the same time they are raised to promote the respect and devotion to a foreign state, whose military troops are illegally located on this territory.

Young people from the region of Transnistria are between two fires, i.e. two possibilities of being criminally sanctioned. Thus, while the Criminal Code of the Republic of Moldova includes provisions of repressive nature regarding the enrollment of citizens in separatist paramilitary structures, the cc of the MRT sets forth sanctions that can be applied against local inhabitants in the event that the latter refuse or try to escape military service in the military units of Tiraspol.20 The provisions of art.282 of the CC of the RM,21 that set forth a criminal sanction of 5 to 10 years of imprisonment for the participation in illegal paramilitary structures, are not enforced by the constitutional authorities. Here it is important to recall that in general, the national legislation is enforced only periodically and partially with regards to the inhabitants and citizens residing in the localities placed under the control of the separatist regime, which discriminates this group of citizens. It is namely the inaction of constitutional authorities that complicates the situation of more than 400,000 full citizens.

The Moldovan military, for example, could ensure the enrollment and military registration of recruits and reserve service ment. However, because of the inaction of the Moldovan military structures, the military strucrues of the separatist regime 19 as example: http://www.olvia.idknet.com/ol136-03-07.htm According to the legend of teaching, police and volunteers from Moldova started provocative actions across the whole moldo-transnistrian border from Dnestrovka up to Camenca.

Bridges over Nistru were destroyed and on the right side of river Nistru were captured all bridgeheads, in some places the adversary had the time to make the forced crossing of the river. The Dnestr battalion had the mission to annihilate the enemy on the left bank of Nistru, make the forced crossing of the river and to destroy the enemy on the right bank.

20 art.325 pc of RMN 21 Article 282. Organization of illegal militia or participation in it

(1) The organization of militia and other military structures are not stipulated by law of the Republic of Moldova, and participating in such a formation shall be punished with imprisonment for a term of 5 to 10 years.

(2) A person who has voluntarily ceased participating in the illegal paramilitaries forces, who laid down their arms, are exempted from criminal liability if his actions did not contain any other offenses.

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The Military conscription of inhabitants of the region

can constrain and even apply a criminal sanction against any inhabitant of the region who shows respect for the Molovan national legislation. In other words, anyone who refuses enrollment in the local paramilitary structures However, the constitutional authorities ignore the rights and freedoms of citizens in the territory and young people from the region are constantly forced by the MRT leadership to enroll in the illegal paramilitary structures. If young people refuse enrollment based on their personal convictions, moral standards, adherence to principles or negative attitude toward the separatist regime, they are still instated against their will despite their refusal to be enrolled in the illegal paramilitary structures. This creates a situation based on fear created by the military and administrative system from Tiraspol (especially the situation and conditions within the military units).

In the framework of our activities held in the Eastern part of the country, a large number of the victims have either directly or indirectly requested information on the rights of the recruits and people enrolled with the Transnistrian paramilitary structures. Consequently, we shall further describe the conditions and atmosphere within the military units on the grounds of statements made by legal advice beneficiaries.

3.1. Military registration, drawing up the lists and recruit summoning According to the MRT legislation, all companies, organizations and institutions from the region have the obligation to draw up the lists of young people aged 17 and above. The said lists must be presented to the recruiting board, which is composed of local public officers. Once included in the lists, young people are obliged to appear before the military commissariat in order to pass military registration. Once registered, they become recruits and receive a certificate of recruit, and are to undergo a medical examination by a specialized board. During the examination the medical military board shall further determine each young person’s fate depending on their state of health.

Since the local public authorities in the region of Transnistria are under the control of the separatist authorities, there is no way that the constitutional authorities can provide and establish military centers or points as provided by the national legislation. In the absence of an effective control, there are no specialized military and reserve registration structures in the region. Even though the Moldovan law does not grant exceptions for the Eastern part of the country, the reality is different. Contrary to the legal provisions provided by the Moldovan constitution, parallel structures exist in the territory, and the military registration, medical examination and enrollment of citizens is illegally carried out by the separatist leadership.

The warning signs of the major problems related to Transnistrian military conscription were the numerous complaints filed by citizens from other regions of the Republic of Moldova. These complaints awakened the interest of Moldovan civil - 17 -

The Military conscription of inhabitants of the region

society organizations. The constitutional authorities, however, failed to take notice.

Moldovan civil society organizations reported on the illegal actions of representatives of the customs, border and militia structures with respect to the control over the military situation. The check-points established illegally by the separatist regime check very carefully the military status of all Moldovan citizens. This process was considered suspicious by many. Therefore, Promo-Lex analyzed the situation and determined that the procedure of checking one’s military registration has two main objectives: - extortion of funds at “customs” check-points. When Moldovan citizens lack a record of military service on their identification card, the Transnistrian guards at the illegal separatist checkpoints typically threaten, intimidate and elicit bribes from the Moldovan citizens crossing entering the Transnistrian territory. People who pass through the region are often forced to exist their train or bus, detained, threatened, force to pay various illegal fees or are unable to continue their travels through Transnistria. Depending on the situation, the victims of such a phenomenon can pay from 20 lei up to 50 euro. One witness22 reported a case, when Moldovan citizens were ill-treated directly at the customs check-point for having dared to ask the Tiraspol representatives for explanations and for the normative acts used as grounds for such a verification of the military status or for such payment of fees, since no document certifying the payment of the said amounts was ever released; - arrest of people, who refuse or escape from enrollment in the separatist paramilitary structures. The local public authorities from the region of Transnistria draw up special lists with information on people refusing enrollment. The said lists are further sent to the Transnistrian customs check-points for the identification and arrest of offenders and deserters. Promo Lex registered many cases when young people were enrolled directly at the customs check-points. In such cases young people ususally face a choice between criminal proceedings and “voluntary” enrollment.

Obviously, most of them go for the second alternative and cannot take any action as to protect their rights, while their parents do not interfere so as to avoid complicating and hindering the situation of those who are already placed with the respective military units.

The military registration, summoning and enrollment procedure is similar on both banks of the Nistru River. In the beginning, military registration is ensured by a responsible officer within the local public administration. Subsequently, district military centers shall ensure the military registration of young people, shall release the certificates of recruit and organize the general medical examination of the recruits.

The military registration of citizens is coordinated with the system of documentation of the population. Based on the public information displayed by the MID on its website www.mdi.gov.md, we can conclude that constitutional authorities keep records of citizens residing in the Eastern part of the country, placed under the control of the illegal Tiraspol regime. According to the same data, 232.356 citizens are registered in the region. At the same time, 423600 citizens of those registered are 22 One of the Promo-Lex volunteers, foreign citizen.

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The Military conscription of inhabitants of the region

temporarily without any registration. Thus, even if they hold all the identity documents and are registered with the SNDP, at least the 232 thousand of Moldovan citizens from Transnistria do not benefit from equal terms and conditions regarding their military service obligations.

Normally, military registration of recruits on a local level is organized and ensured by local municipalities (preturi), public institutions and economic agents, regardless of the form of their property. The military registration of recruits is done on the grounds of domicile. Since there are no specialized military structures in the region (because local public authorities from the region are not under the jurisdiction of the constitutional authorities), the constitutional authorities do not make any effort to secure the equal rights of the citizens residing in the area placed under the control of the separatist regime.

Even though the MD of the RM communicated to the Promo Lex Association that “the military centers that are particularly in charge of the military registration and enrollment of citizens residing in the region of Transnistria are the ones situated in Anenii Noi, Causeni, Criuleni, Floresti, Rezina and Stefan Voda”, the employees of the afore-mentioned centers stated the contrary. The 30 military centers23 from Moldova, including the ones named above, refuse to register the citizens residing in settlements controlled by the Tiraspol regime, which only determines the latter to use various methods and efforts as to escape enrollment in paramilitary structures.

For instance, in order to undergo military registration with the constitutional authorities one must cancel his/her residence visa and opt for one of the settlements placed under constitutional jurisdiction, leave to work or study in other regions of Moldova or abroad, etc. Nevertheless, the MD also stated that from 2006-2007 the constitutional authorities took 578 people from Transnistria for military registration, 23 of which were enrolled with the National Army. In thesecircumstances, the registration procedure applied to the 578 recruits from the region during years 2006-2007 is not clear. The authors believe that the law is typically enforced in a non-uniform and discriminatory way because of the lack of transparency, of clear legal norms or rules.

In fact, it is stipulated in the law that military registration shall be carried out in the place of residence. However, the same law provides for equal rights to all citizens, which is an exclusive obligation of state authorities. We believe that the constitutional authorities’ argument that the territory in question is not under the jurisdiction of constitutional structures is totally inappropriate. The legal bodies and authorities do not usually go beyond such statements and do not take any action toward promoting, protecting and defending human rights in Transnistria.

The ECHR judgment and in the case of Ilascu and others vs Russia and Moldova is relevant in this sense. Para. 33 of the judgment stipulates that “any engagement which the contracting party may undertake in line with art.1 of the Convention, shall include all positive obligations, except the obligation of non-interference in the exercise of guaranteed rights and freedoms, to take adequate measures to se23 www.army.md/inf/cm.htm

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The Military conscription of inhabitants of the region

cure the respect for such rights and freedoms on its territory... Such obligations shall endure even if Contracting Party’s jurisdiction shall be limited to a part of its territory, so that the state has the obligation to take all measures that was in its power to take”.

The military registration of citizens includes the registration of recruits and reserve servicemen coordinated with the census. Once registered, Moldovan citizens receive a document of military registration (recruits receive a certificate of recruit, reserve servicemen receive a military card) and a stamp with a record of the citizen’s military status and registration in the cizien’s identity document. Since constitutional authorities do not keep record of citizens registered in the territory placed under the control of the separatist regime, the latter do not have such a stamp in their identity documents and are, therefore, practically forced either to accept military service in the paramilitary structures or to be hunted by the separatist authorities until reaching the age of 27.24 Large groups of young people as well as employees of these institutions, as full citizens, have requested legal support for the enforcement of their rights. When notified, the competent authorities recognized the severe problems that exist in this respect however limited themselves to stating that “all necessary measures are being taken in view of securing the constitutional rights of citizens from the region of Transnistria.” At the same time, the MD of the RM confirms indirectly that these problems shall continue to violate citizens’ rights and freedoms in the area “until the final settlement of the Transnistrian conflict.” These answers provided by the constitutional authorities are a discouraging to the citizens from the region. The Moldovan government is essentially stating that nothing will be done to secure their equal rights. Under such circumstances, the representatives of separatist authorities from the eastern part of the country do not hesitate to register and enroll these large groups of Moldovan citizens in their illegal paramilitary structures. They insist on requesting the lists of people to be military registered from Transnistrian companies and educational establishments placed under constitutional jurisdiction. Such demarches issued by the military authorities from the

24 Many parents addressed the Corjova city hall, rayon Dubasari, with hope to receive help in retracting the files from the Military Commissariat of the city Dubasari. If this thing will not happen, their sons will be enrolled in military service of the paramilitary transnistrian troops. Their parents wish to apply their files to the Military Commissariat of Cocieri village, so that their boys could serve their military term in National Army. Young people that graduated Theoretical Lyceum “Mihai Eminescu” from Corjova village, but, because of the fact that one or even both parents are working in Dubasari and are titulars of rmn passports, they were taken at evidence at the Military Commissariat from separatist region.”Mothers are very alarmed by the cases of death, ill-treatment, money gouging, pointed out recently in tranistrian army. Last years, we perfected the documents for 3 “hunted” young people, that were suppose to serve in the transnistrian army, so they could serve in National Army. The situation is very weird, the Ministry of Education and Youth is assuming all expenses in order to offer the chance to study for the children who studied at the gymnasium from Corjova village and lately they end up in a criminal medium.

“Who has to assure their personal security if the not the state of which citizens they are?”, is wondering Valeriu Miţul, mayor of Corjova. Ion (changed name) one of Anatol Mospan friends, works as a policemen, but he lives on the left bank of river Nistru. Several years ago he also served in the army of so called rmn. You can’t oppose to that. They follow you and can even appear in the middle of the night at your door, and in case you are opposing to them, there is a risk of prison detention, witnessed Ion. Even the parents are persecuted. He served his military service in Dubasari and he knows their rules. “You are ill-treated, beaten, humiliated, and the “old guys” in the army are gouging money from the new entranced. For instance, after half a year, to overcome the category of “novice” (new one) you should pay a fee of 20 U.S. dollars. I paid. And not just once. Sometimes, they woke up us in the middle of the night and sent us to find the money”, says the young man. Young people enrolled in the breakaway army are industriously taught with a dose of propaganda directed against the right bank of river Nistru. Another young man of 19 years tells that one night he was restrained by separatist forces. He and his brother just came back from Moscow where they had been working. http://www.jurnal.md/jurnal/article/5077/

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The Military conscription of inhabitants of the region

region include a warning about the possible penalties for the responsible persons, as well as the consequences for those who are not registered with the separatist military system.25 Military registration also includes pre-enrollment activities. They mainly refer to activities of patriotic and military education. Art.11 of the law on mandatory military service sets forth that mandatory military training includes military and patriotic education, among other things. According to this norm, the authorities and cultural, educational and youth institutions have the obligation to carry out military and patriotic activities on a regular basis.

Such activities, which are mandatory for all stages of the educational process in Transnistria, cause many parents to be dissatisfied. These parents consider this education process as inadequate and negative, since it is performed in the light of intolerance, hatred and aggressiveness, and promotes xenophobia, hatred and the despise towards the Moldovan State, its people, rules and democratic values, etc.

The authors believe that Transnistrian citizens are not the ones to blame for the existing situation, and that the constitutional authorities should not ignore their rights and obligations. The state should at least secure equal access and non-discriminatory treatment in its institutions for the citizens and people residing in the territory that is not effectively controlled by constitutional authorities. The military registration of citizens living in the region of Transnistria should be free and under equal terms. However, the bureaucratic obstacles and absence of specialized structures for this group of citizens highlight both Moldova’s severe problems in this respect, as well as the discriminatory treatment applied to Moldovan citizens from the separatist region of Transnistria.

3.2. Medical examination In the case of military registration or enrollment in military structures, citizens of Moldova have to pass certain medical examinations. Furthermore, thosewho undergo military service benefit from social and legal protection offered by the state.

Since the fall of the Soviet Union, i.e. from the beginning of the 1990s, the people who wanted to avoid enrollment in the militaryusually tried to get a medical certificate that qualified them as ineligible for enrollment. The system in question favored corruption in the military sphere and intensified in the years of post-Soviet transformation.

This practice intensified when Transnistria was placed under the control of illegal structures. The medical examination of recruits turned into a both simple and complicated procedure. In exchange for a certain amount of money, eligible young people could get medical certificates with false conclusions while people 25 Anex nr.3

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The Military conscription of inhabitants of the region

with real health problems were either superficially examined or enrolled without a corresponding medical examination. Moreover, a large number of young people enrolled in the Transnistrian military come from poor or vulnerable families and do not have the necessary funds to “get” the papers that could help them escape or be released from military service. According to unofficial data, the price for one forged medical certificate depends on the place of its release. For example the price in rural areas amounts to approx. 300 Euros, while in urban areas it can reach 1000 Euros.

Once enrolled, individuals benefit from free-of-charge services including medical and social assistance. All costs related to the examination and the medical treatments of recruits in Transnistria are covered by the local budget. Here we have to note that for many poor young people with health problems, this medical examination is one of the few opportunities to be examined or treated free of charge.

However, the actual examination is often superficial because there are limited funds allotted to the medical system. The lack of funds forces doctors to ignore many of the health problems identified when examining the recruits.

According to the data provided by Promo Lex beneficiaries, the drugs and medical supplies are often purchased for the military unit either by the patient recruit or his/ her relatives. Furthermore, the hospitalization of soldiers in military hospitals does not always imply their treatment.26 This is especially true if the parents or relatives of the soldiers cannot cover the medical expenses.

Moreover, there are situations when the health of young people undergoing military service in paramilitary units is compromised. One young man, for instance, was forced during his military service to wear shoes one size smaller than his actual size, which damaged his foot bones.27 He comes from a poor broken family in a rural settlement, and was therefore unable to pay for a doctor.

Another example of ill-treatment examined by Promo Lex is that of private V.N. Before demobilization, the young man filed an application requesting to stay with the paramilitary structures on a contract basis. During a further examination he was diagnosed with severe health problems (diagnosis: congenital cardiac defect. Interatrial septal defect and second-degree cardiac insufficiency NYHA). Private V.N. was demobilized immediately after an echocardiogram examination. His diagnosis was confirmed both in Bender and Tiraspol, and doctors recommended an openheart surgery amounting to more than 6000$. The young man’s family requested the authorities to pay for the surgery, but they refused.

This case seems to address several major issues related to the procedure and quality of medical services provided to young recruits or soldiers. Such cases typically occur when local authorities do not take responsibility before the public and international community. Meanwhile, members of Transnistria’s medical military

26 http://nr2.ru/pmr/165566.html 27 At the request of the Promo-Lex Association, RCTV Memory (www.memoria.md) considers that it would be welcomed a good consultation of a psychologist to confirm and resolve the destructive effects over the human psychology caused by the persistence of pain and long humiliation.

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The Military conscription of inhabitants of the region

boards are elected because of their devotion to the Smirnov regime rather than their professional competence,. Furthermore the equipment provided to medical institutions is inadequate.28 There is no sense of responsibility for the facts and certificates released by those boards. Medical examinations are generally performed superficially, and many people with severe health disorders are enrolled just for the purpose of fulfilling the enrollment indicators and attaining the objectives set by the regime. During the 18 months of military service, the recruits face extreme risks to their life and health, as shown in the cases described hereabove.29 Another good is example is that of the young solder Mospan, 30 who died in his military unit on the 4th day of his enrollment. If we can trust the conclusions of the Transnistrian authorities, A. Mospan died due to severe health problems. However, his cause of death—acute cardiac insufficiency is a severe health problem that a competent medical board should be able to easily identify during an examination.

Since no forensic-medical examination was ever carried out by Moldovan authorities, it is impossible to legally confirm the cause of his sudden death. We believe that if constitutional authorities kept evidence of the citizens residing in the region and carried out their medical examinations, the risks for many young people’s lives and health would be minimized.

3.3. Military service Male citizens of the Republic of Moldova who have reached the age of 18 years are eligible for enlistment for full-time active service. Even though the national legislation does not provide for exceptions for citizens living in the eastern region (Transnistria), their military registration, medical examination and, consequently, further enlistment for military service in constitutional military forces is not enforced.

We have already noted that constitutional authorities do not respect citizens’ right to enroll in the national military forces, and the “registered domicile” is actually an obstacle to the implementation of the rights of citizens living on the left bank of the Nistru River. In this respect, the authorities should recall the provisions of CC Decision nr.16 of 19.05.1997 on the control over the constitutionalization of provisions of pct.10, para.2 of the Regulations on the procedure of development and release of identity documents in the National Passport System.31 The CC noted that the existence of a “registered domicile” in Moldovan laws comes in contrast with constitutional norms and hinders the enforcement of citizens’ right to free movement. The principle of registration of citizens on the grounds of registered domicile by the local authorities in the area of residence is unconstitutional and contrary to the aforementioned right. Moreover, Moldovan President’s Decree 28 In early 2008, after the mediatization of the A. Mospan death, separatist authorities have acknowledged that the system of medical investigation of the recruits is a bad one, SS requiring the development of a clear procedure for a medical examination of recruits. www.nr2.ru/pmr/162890.html 29 Out of 30 cases examined by Promo-Lex lawyers during May 2007 - May 2008, 11 of then were related directly to low quality or poor medical services offered to soldiers or recruits.

30 described at pag. 47-49 31 http://www.constcourt.md/decisions_ro/1997/16.htm

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The Military conscription of inhabitants of the region

nr.144 of 20.09.1993 initiated a request addressed to the State Population Register on the grounds of the international computer-based population registration system, according to which the registration of citizens is based on other criteria.

National identity documents do not include any data on “registered domicile” or “registered residence” (except the accompanying card to the identity document, which includes a record on holder’s domicile).

However, constitutional authorities have no difficulty in issuing all types of identity documents to its citizens from the region of Transnistria. Moreover, there are practically no home affair structures in the region. Nevertheless, this fact does not prevent constitutional authorities from confirming the “domicile” of citizens living on the left bank of the Nistru River. Based on the documents released by the separatist authorities, all the necessary information is inserted in the citizens’ card that accompanies their identification. Thus, we believe that constitutional authorities should normally assume full responsibility and secure equal rights to all its citizens, regardless of whether they reside in the territory that is placed under separatist control.

The CC did not contest the need for registration and record keeping of the population. However, it noted that its forms and methods should not come in contrast with constitutional provisions. Nevertheless, the terms of “registered domicile” or “registered residence”, even though expressly stipulated in the above-mentioned documents, are outdated. These terms were written during Soviet times, long before the Moldovan Constitution was adopted. This issue, however, is still pertinent in 2008 and creates multiple problems to citizens residing in the separatist region.

Although the decision was made ten years ago, the authorities have not taken appropriate measures to secure its enforcement. The problems related to the respect and protection of human rights of citizens from the region of Transnistria are very complex and need to be approached in a serious manner. In this regard, actions speak louder than words.

At the same time, the fact that constitutional authorities refuse to secure the rights of citizens living in the region from the military point of view (military registration, military medical examination and enlistment for military service in the AF) constitutes a tacit agreement with separatist authorities to perform the functions that should belong to the legal and constitutional authorities. Moreover, such a state of affairs permits the separatist regime to intimidate, persecute, arrest and impose criminal sanctions on all those who refuse to enlist for military service in the illegal structures in the region. We can assert this fact primarily because p.1, lit.b) art.23 of the MRT law on compulsory military service provides for “the exemption from military service of people who underwent military or civil service in another country”.

Indeed, the separatist regime qualifies Moldova as a foreign country (and MRT’s main enemy); thus, the military registration and enlistment for military service of citizens in this territory would not only deprive the illegal regime of the possibility to persecute the inhabitants of the region, but would also secure equal rights and conditions to them as to any other citizen from another part of the country.

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The Military conscription of inhabitants of the region

Moreover, according to data provided by our beneficiaries, there were cases when criminal files opened by the separatist authorities were closed upon presentation of certificates proving that the said individual underwent full-time military service in the National Army of the Republic of Moldova.

We can also note that according to the Law on the Preparation of Citizens for Homeland Defense, citizens residing in the region of Transnistria are not included in the list of individuals entitled to exemption from full-time military service. Thus, in line with art.32 of the said law, any citizen shall be exempted from full-time military service in case if he 1. was recognized as ineligible for military service for health reasons in times of peace, 2. finished a full-time training at the military chair, 3. is exempt from military service for reasons of conscience, 4. lost his father (mother), brother (sister) while fulfilling his military service, and 5. has a non-paid off previous conviction or was not rehabilitated according to the law. Thus, even though the national legislation does not exclude and make reference to this group of citizens in particular, constitutional authorities do not offer them access to the national military mechanism either.

The situation of Transnistrian inhabitants who wish to enlist with the National Army of the Republic of Moldova on a contract basis is different. Art.12 of the Law on the Status of Military Personnel provides for equal rights of enlistment for contract-based military service to all citizens of the Republic of Moldova. The national legislation is never breached in this respect. The “registered domicile” is not taken into account when enlisting Transnistrian inhabitants for contract-based military service. They can be and are being enlisted.

From what has been mentioned so far we can identify multiple drawbacks related to the imperfect procedure and methods of military registration, medical examination and enlistment of Moldovan citizens residing in Transnistria. Below, we will provide details regarding the main problems related to the Transnistrian military: 1. Forced enlistment of young people. Regardless of citizenship32, most young people from the region have the same goal– to escape conscription. They do not wish to be enlisted in the Transnistrian paramilitary structures. At the same time, the public casts a negative stereotype on those who cannot escape conviction.

Moreover, the separatist authorities make enormous efforts to draft the necessary number of people. This assertion is true both for conscripts and for reservists, even if the latter are much easier to call up. Still, while reservists can be forced to enlist by the interference of the management of companies and institutions they are paid by, dealing with 18-year-olds is more difficult.

The issue of forced enlistment is specific not only to citizens of the Republic of Moldova residing in the respective region. The local Transnistrian legislation stipulates for double citizenship, while MRT authorities, on an “ex law” principle as well, qualify all the permanent inhabitants of the region as MRT citizens. Contrary to art.21(3b) of the European Convention on Citizenship (1997), all permanent inhabitants of 32 In the Transnistrian region live mostly citizens of Moldova, Russian Federation, Ukraine, Bulgaria and Romania.

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The Military conscription of inhabitants of the region

the region who hold Ukrainian,33 Russian and other citizenship are called up for active military service. There is no civil or alternative service in the region. All local inhabitants are forced to perform active military service in the MRT army.34 We have to note that most young people leave the region before attaining the age of 18 years. They either go to work or study in other parts of the Republic of Moldova or abroad. For this reason, the supplementation of military units with conscripts is one of separatist authorities’ most severe problems. This often causes employees of the recruiting offices to ignore the rights of young people from the region.

Even though in some cases local legislation provides for the exemption of young people from full-time military service,35 there still are many cases when such provisions are ignored. Because most young people refuse to be enlisted, Transnistrian authorities often draft and enlist young people who are entitled to or must be exempted from serving. Many persons stated that most of the young people enlisted for military service in the Transnistrian army come from vulnerable, poor and/or incomplete families, since such families can rarely afford to bribe an officer of the regime, change domicile, pay the costs related to university education, pay for a medical certificate that would “confirm” a conscript’s ineligibility for military service, etc.

Children and relatives of officers36 and local businessmen are typically absent from the aforesaid paramilitary structures. To avoid enlistment, local inhabitants use various combinations that can, at least partially or temporarily, secure their tranquility. Because of the large amount of inhabitants that avoid duty, military officers from the region are practically hunting individuals who are hiding from the army.

Lists of deserters and those who avoid duty that include all personal data on the individuals in question are draw up by local municipalities and further passed on to the numerous control check-points deployed illegally in the region of Transnistria.

Thus, there are cases when young people are arrested at the border and are forced to enlist in the Transnistrian army directly at check-point in order to avoid criminal proceedings.

In April 2008 the separatist regime announced the enforcement of a harsher control regime of local population37 which focuses on the military sphere through the introduction of a new automated population register system called “Sprut” (i.e. octopus in translation from Russian). The new registration system of local inhabitants 33 From diplomatic source was known about the following case: although it was a citizen of Ukraine, in 1998 B. Rotari was recruited in “Transnistrian army.” Because he refused to be enroll, he was tried and sentenced to 2 years of prison detention. pag.29, Human Rights in the transdniestrian region of the Republic of Moldova, 2nd edition, Kishinev-2002, the Internet Commission for Co-ordination of the State Policy in the Settlements on the Left Bank of the Dniester River 34 Ibidem 35 The article 23 of the Law on compulsory universal military service, states that the citizens who are released from conscription into military service during peacetimes are the following citizens:

a) found not suitable or of limited eligible for military service on health grounds;

b) past military or alternative service in another state;

c) having a degree or a Ph.D. candidate;

g) in the case of death of father, mother, brother, sisters who died while performing their duties of military service;

e) having more than 27 years of age, and for graduates of public institutions of higher professional education and enrolled in the reserve officer ranks with assignment - more than 30 years 36 www.regnum.ru/news/978551.html 37 www.nr2.ru/pmr

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The Military conscription of inhabitants of the region

is intended to monitor the migration of persons undergoing military service (conscripts and reservists) from and to the region placed under the control of the separatist regime. Representatives of local military institutions stated that Sprut shall secure the control of the flow of people and keep track of the human resources available for military conscription.

Again, these cases provide evidence that the fundamental rights and freedoms, including those guaranteed by the MRT constitution and laws, are breached in Transnistria, with the aim of ensuring the enlistment of the required number of young people. However, the number of military personnel in Transnistria is exaggerated as compared to the human and economic resources of the region. In times of peace, the so-called ministry of defense38 from Tiraspol disposes of a total number of 4960 military men, the ministry of interior – 2900 people, the ministry of security (MGB) – 2500 people, the regimen 10 Cossack on the Don – 1500 people.39 The total number of people involved in the paramilitary structures amounts to at least 11860 individuals, with military equipment and techniques provided by the Russian army deployed in the region.40 On the other hand, the staff of constitutional armed forces (National Army of the Republic of Moldova) includes 6,500-6,600 people (a figure that is continuously decreasing due to reforms and international undertakings),41 while the Transnistrian army constitutes approximately 5,000 people. If we compare this figure to the total population of the region, which is seven times smaller than the population of the entire country, we can conclude that 0,90% of the citizens residing on the left bank of the Nistru River (in Transnistria) are military men as compared to 0,18% in the rest of the country. This means that each 111th inhabitant of the region is enrolled in the military, while on the territory controlled by constitutional authorities each 538th inhabitant pertains to the military personnel. Moreover, these calculations do not include data on the inhabitants of the region who are enlisted with the Russian army deployed in this area. These figures, in fact, prove that Transnistria is indeed a strongly militarized zone.42 Moreover, there is still a lot of ammunition in the territory leftover from the Soviet army, which now belongs to the Russian army that occupies the region. A large part of the Russian military arsenal, both officially and unofficially, was transmitted to the separatist regime. Constitutional authorities have repeatedly stated that ammunition is manufactured in Transnistria, including underground bombs, which are subsequently sold.43 The Tiraspol regime is constantly developing new strategies in order to ensure the enlistment of an exaggerated number of people into the Transnistrian armed forc38 http://presidentpmr.org/material/293.html 39 www.atac-online.ro/lumea-in-care-traim_131/razboi-simulat-pe-calculator 40 Ibidem, “RMN’s armed forces have in possession 18 T-64 tanks, 69 TABs, 18 cannons “Gaubits-122”, 12 by 85 mm cannons, 3 launchers of “Alazan” type, 69 launchers for mines, at least 13 systems of launching anti-tanc missiles and approximately 130 of anti-tanc missiles (probably Fagot/AT4 systems). Transnistrian aviation include: six MI-8T helicopters, two MI-2 helicopters, an AN-26 aircraft, two AN-2 aircraft, two aircraft type IAK-18. MI-8T helicopters are equipped with missile launchers.

41 http://chisinau.ch/news/2007-04-16-586,

www.undp.md/publications/doc/moldova.dochttp://chisinau.ch/news/2007-04-16-586 42 http://www.atac-online.ro/15-01-2008/Razboi-simulat-pe-calculator-Transnistria-zdrobeste-Republica-Moldova-in-catevaore.html 43 http://www.azi.md/news?ID=38229

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The Military conscription of inhabitants of the region

es. For example, in March 2008 the minister of defense of the self-proclaimed MRT, Mr. Atamaniuk, declared that a new bill was under development, which would force full-time university students to perform active military service.44 The phenomenon of forced conscription is supplemented with the mass desertion of young people from the Transnistrian army. In October 2007, according to official data, 701 individuals who had left their military units were in pursuit. Criminal proceedings were initiated against them.45 Most of the deserters left the region and cannot return to their families. If they attempt to return to Transnistria they will be brought directly before the court. It would be wrong to say that there are no such cases in the AN. However, the situation here is different due to the monitoring carried out by civil society46 and to the access to information on human rights and defense mechanisms. There are negative examples related to military conscription on both banks of the Nistru River,47 but they are differentiated both by the nature of legality/illegality of the enlistment process as well as by the size of the phenomenon.

Based on the data provided by Promo Lex beneficiaries, we can note that full-time military men enlisted with the Transnistrian army there are not aware of their rights and believe that there is no hope for any means of protection against and defense from the Transnistrian military structures.

3.4. The status of reservists The situation of reservists in the Moldovan region of Transnistria is just as complicated as the situation regarding conscripts. According to national laws, individuals who have fulfilled their military or civil service shall be registered as reservists in the same military centers.48 The fulfillment of military duties implies, among other things, participation in military exercises and trainings. Reservists are also obliged to appear periodically before the respective military centers to clarify their military status and to mobilize.49 Local Transnistrian inhabitants have a similar obligation before the illegal regime in the territory..50 It is well known that until 1991 Moldovan citizens performed military service in Soviet military structures. Consequently, both inhabitants of the region of Transnistria as well as people residing in other areas of the Republic of Moldova hold Soviet military cards that are recognized and valid on both sides of the Nistru River.

The conscription of reservists is organized on the grounds of place of residence,

44 45 46 47 48 49 50

http://www.gazeta.ru/news/lenta/2008/02/26/n_1184588.shtml http://www.newsmoldova.ru/news.html?nws_id=650501 http://www.timpul.mdl.net/Rubric.asp?idIssue=29&idRubric=3317 Ibidem art.13 of RM Law on preparation of citizens to defend Motherland.

Idem, art.4 art. 53, Law of general military charge and military service. For the preparation for the military service, and also for checking the mobilization readiness and for solving other tasks, stipulated in the RMN law, the citizens can be called up for military tallage. Military tallages can be of training, checking and special nature.

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The Military conscription of inhabitants of the region

i.e. according to the registered domicile. Thus, even those who performed military service in the AF are conscripted by the separatist authorities upon return to the region. According to the data we have, people who have fought against the separatist regime in 1992 are included in a separate list. Also, people who have fulfilled active military service in the National Army are included in another special list.

At the same time, it is well known that during the Moldovan-Russian war of 1992 many inhabitants of the region of Transnistria, who currently are citizens of the Republic of Moldova, took up arms for the constitutional regime from Chisinau. After the war many of them were forced to leave the region and received the quality of “refugee” or “internally migrating person”, even though the basic document signed by the belligerent parties (i.e. Moldova and Russia) includes an express provision for the creation of necessary conditions for the return of refugees to their homes.

However, a large number of people who fought against the separatist regime and Russian troops did not leave the region. While in 1992 these men took up arms against the separatist regime, today they are enlisted for military service in the illegal structures they had fought against. They are called up for military service by the Transnistrian authorities and are obliged to subordinate to them.

This Transnistrian reality highlights the fact that the Tiraspol regime managed successfully consolidate its control over the territory in question. This consolidation of power can be blamed on the irresponsible attitude of and inaction by constitutional authorities. Even after 16 years, there are still people in the region who continue to oppose the separatist regime. However, it is important to note that the number of dissidents in Transnistria is shrinking. This is due a lack of individual safety and democratic values in Transnistria. In the absence of any control and responsibility, representatives of the Tiraspol regime use repressive methods and means against anyone who opposes them in any way. These methods severely affect specific groups of people, such as the owners of small businesses, individual owners of small land plots and individuals who lack a stable workplace. Their conscription for a period of 10 days to 4 months51 is detrimental to their financial situation and the wellbeing of their families. This is a main reason for their refusal to enlist.

Reservists in Transnistria can be classified into two 2 groups: those who salute or accept conscription as reservists and those who refuse it. Obviously, the first group includes supporters of the regime and people employed with state companies/organizations (they come to “military trainings” without any difficulties). The militarypatriotic propaganda and education activities influence a misinformed population and therefore are sufficiently effective in attracting some members of the Transnistrian population. Another reason why reservists accept and even salute the military trainings held periodically by the paramilitary structures is related to favorable conditions created for the summoned reservists (beside military trainings reservists can rest and benefit from workplace facilities etc.).

51 Ibidem

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The Military conscription of inhabitants of the region

Sometimes such military trainings are held during the agricultural season, which makes people dissatisfied and causes many of them to skip out. For instance, in the fall of 2007, 67 people from a rural settlement were called to service for 3 days, and only 14 of them came. Ironically, this was one of the biggest turnouts according to unofficial sources.

The purpose of military trainings is more propagandistic than military. Such meetings include basic activities as military, political and patriotic education. Thus, reservists are updated on the last geopolitical, political and economic events, which, in the opinion of some of the participants, represent nothing more than manipulation and brainwashing activities.

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Specific problems

CHAPTER IV

Specific problems

Resulting from problems such as the illegal privatization process, poverty, the absence of monitoring by the international community and constitutional authorities, negative phenomena have rapidly appeared in Transnistrian military units. These negative phenomena are typical of most military units in the post-Soviet area. We namely refer to the non-statutory relations, also known as “dedovshchyna”, money extortion, the use of soldiers for “forced labor”, etc. Being structures of an unconstitutional regime, local military units have turned into a sort of “criminal nucleuses” with the single aim to preserve and consolidate control over the region. Thus, according to the statements by relatives of individuals enlisted in the said structures, non-statutory relations became rules and degenerated into other more severe phenomena that result in fatal consequences for conscripts’ lives and health.

The general situation52 in the military units53 is characterized by multiple acts of violence, disorder and corruption. Moreover, Victor Atamaniuk, who is the so-called minister of defense of Transnistria, himself recognized that the Transnistrian army enlists persons with previous convictions, conditionally convicted persons or individuals who had been investigated for various offences.54 Another important example of the lack of discipline in Transnistrian paramilitary structures is that approximately 60% of the conscripts have as much as 9 years of secondary education, while only 3-4% have higher education.55 At the same time, approximately 93% of these persons are enlisted “from the street”, i.e. most of them are unemployed and do not study at any university.56 Most conscripts come from poor and vulnerable families. There is a severe shortage of low level officers in the region since they are appointed from the number of conscripts enlisted for active military service.57 52 www.nr2.ru

Military Prosecutor’s Office is investigating 10 cases related to the facts of extortion and non-military relationship. Railean mentioned as one of the the most difficult military unit, that located in Bender fortress. In doing so, the military prosecutor noted that crime in the armed forces is of a latent nature. It is much larger than the official statistics and very difficult to detect because of the intimidation of victims. In hope to improve the situation, he connects it with the intensification of the parents’ committees activities, which are established at military bases on the orders of Defense Minister.

53 http://www.nr2.ru/pmr/158148.html

„as soon as the new soldiers are joining the military quarantine, they are immediately taken out to toiled and get baldly beaten. The soldiers are very scared, they have lots of marks and bruises, but they say that they felt down and hurt them selfs. They made them ware

the full outfit with gas mask and on heat they are suppose to run with that, until they faint. “I also started to noticed the bruices on the legs, then on the thighs - confirmed the mother of another soldier. My son was answering on all questions that everything is good. When i said that i will go and figure out what is happening he asked me to not do this.” According to her sayings, when she came on weekends to military unit, her son asked for 30 US dollars. “I gave him money, and he gave them to the sergeant in my presence, then he breathe freely and told that at least now he will be able to sleep in calm- continued the women. - After 3 months he run away from military unit, came home and said: “I will better go to jail, then go back again”.

We had to hide him. It turned out that to redeem the military card, the superior needed home cinema, so we had to gave it.

After, it happened that i slapped him motherly and he replied: “Mother, don’t beat me, i was so tortured in the army” - she told. There is not even one good chair, - are confirming some other neighbors, - Currently, the soldier is not a soldier, he is kind of “elephant”, “rooster ” - a complete prison slang. Is this army or jail?”

54 www.olvia.idknet.com 55 www.nr2.ru/pmr/162890.html 56 www.tv-pmr.com/news.php?id=2868 57 www.nr2.ru/pmr/162890.html

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Specific problems

In this context, it is obvious that the situation of military units is disastrous in relation to the observance of fundamental human rights and freedoms. Young conscripts unavoidably become victims of discrimination and abuse regardless of their nationality.

4.1. Non-statutory relations Non-statutory relations are a phenomenon faced by most military structures from the former Soviet area and include harsh and often inhumane treatment by elder conscripts to younger ones.58 Inherited from Soviet times, the young conscripts tolerate this abuse and argue in its favor because they believe that this is how teenagers become true men. Furthermore, the elder conscripts maintain that the harsh treatment used on young conscripts is only meant to strengthen them, i.e. prepare them for most difficult situations. They are governed in their actions by the Soviet slogan “hard in training – easy in battle” and create Spartan conditions, even during the first months of military services. The rule is known and even accepted by the officer staff and administrative institutions in the region.

Through such types of relations, older active conscripts secure discipline and order in military units. Actions and methods differ, but in most cases they have a full “set of measures”. First, young conscripts are “tested” by being forced to perform humiliating tasks, such as washing older conscripts’ clothes, cleaning their shoes, etc. At the same time, they are almost immediately forced to pay certain fees for “protection”. They will further be used for procuring and providing older conscripts, including officers, with cigarettes, alcohol and foodstuffs. In the event that young people refuse to do so they are educated through violent methods, i.e. they are ill-treated and tortured. Generally, speaking out about these practices is not accepted. Young people are educated and, respectively, trained in this even before enlistment. This Soviet tradition and mentality is the main reason why the society quietly accepts and covers up this phenomenon.

The afore-named means are qualified as alternative education, discipline and subordination methods for conscripts. Promo Lex’s beneficiariesstated that this situation is very convenient for the officers, who secure discipline in the military units and additional funds through the intermediary of older conscripts. The existing situation of local paramilitary structures favored the development of an atmosphere that is similar to the atmosphere in prisons. This phenomenon is extremely harmful to individuals that come from vulnerable families, who struggle to withstand the pressure and maintain their dignity.

Such educational activities contribute to the deterioration of the conscript’s mental stability and and cause young people to evade (desert) from such military units.

The number of deserters today constitutes more than 700 people according to official data.59 Furthermore, serving in the military units presents conscripts with the 58 http://novaiagazeta.org.ru/index.php?newsid=38 59 http://www.newsmoldova.ru/news.html?nws_id=650501

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Specific problems

danger of physical harm due to unsafe conditions in the units. For example, in 2007 there were cases of death caused by the use of military-issue guns. There is no exact number of young people shot or people whose health was compromised. In addition, there is no statistical data on the exact number of young people deceased in the Transnistrian paramilitary structures during years 1992-2008.

The phenomenon of non-statutory relations was recognized by the authorities of many former Soviet countries. However, its consequences in the Russian Federation are extremely terrifying. During the last few years numerous cases of ill-treatment, torture or murder in Russian military units were widely reported and covered by the media. If this is possible in a recognized state with a civil society and opposition mass media, we can conclude the same is most likely true in Transnistria, where the illegal regime does not deny the fact that the participation of civil society and journalists is limited..60

4.2. Forced labor Theoretically speaking, the occupation of soldier, with all its pros and cons, is not “forced labor”. However, in non-democratic societies the use of armed forces for labor force mobilization or utilization for economic purposes corresponds with the definition stipulated in the ILO Convention no.105.

Many Promo Lex beneficiaries have stated that soldiers enlisted with the Transnistrian army are forced to work for various farms or persons in the region.61 They generally contribute to the erection, repairs or servicing of villas, flats or houses owned by civil servants, officers and other persons (who pay fees to officers, provide food to conscripts). To cover this phenomenon up, soldiers wear civilian clothes, and “accidents at work” are immediately blanketed. There are no complaints of such abuses, because such a state of things is more or less convenient to all parties involved.

Therefore, on one hand, young people in such cases usually receive more diverse and better food than the one they get in military units, they do not have to face all the risks and hazards that exist in the said structures andthey have more freedom to receive visits from parents and relatives, etc. On the other hand, it is true that the risk of accidents at work is high in such cases. However, in comparision to the risk of being subjected to physical or mental torture within the military units, this sort of work is generally better than serving in the units . In fact, there is a certain amount of competition among young soldiersfor a workplace outside the military units.

4.3. Money extortion The phenomenon of money extortion within Transnistrian military units appeared in congruence with the economic problems and general poverty in the region.62 Because of the limited resources allocated to the military units in the region, officers 60 http://novaiagazeta.org.ru/index.php?newsid=46 61 http://nr2.ru/pmr/186831.html 62 Ibidem

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Specific problems

have encouraged corruption by demanding that soldiers provide them with foodstuffs. Originally, officers accepted agricultural products, which are plentiful in rural settlements, but the phenomenon has subsequently developed into a generally accepted rule and tradition. The tradition is still in force, and because of the very well protected system it is very unlikely to find evidence of this phenomenon.

Officers and the administrative system staff in the region are brought together by a sense of mutual solidarity. In exchange for devotion, the separatist leadership continues to cover up all the existing problems of military structures.

Another situation related to the money extortion phenomenon in Transnistrian military units was reported by the relatives of one young man, who stated that the latter had asked them for a considerable amount of money to acquire Russian citizenship and a passport of the Russian Federation. The relatives believe that certain officers force young people to accept such “offers” to secure an additional income, since Russian citizenship can be acquired fairly easy in the region of Transnistria.

Thus, money extortion begins with the conscription of young people and ends with their demobilization. We have to note that the population is more and more willing to accept payment of fees both for avoiding enlistment for military service as well as for ensuring the protection of those enlisted. People accept to pay higher and higher amounts because they believe that during the 18 months of military service a young person can begin a career or work and earn this money back, being able to contribute at the same time to improving his family’s situation without being subjected to major risks to his carrier, life and health.

4.4. Ethnic aspects The Transnistrian conflict is not an ethnic one. There are no interethnic problems or tension in the region. Numerous representatives of the following nationalities reside in Moldova, including in the Transnistrian region: Moldovans, Ukrainians, Russians, Bulgarians and Poles.

In order to manipulate local and national public opinion, three state languages were declared in the MRT: Moldovan language (i.e. Romanian with Cyrillic script), Ukrainian language and Russian language. We referred to manipulation because in reality, Transnistrian residents are still harshly subjected to a russification process. Moldovan and Ukrainian languages are official only for declarative purposes.

It is impossible to use them in administrations, public institutions, official structures, courts, etc. A similar situation is reported in the local paramilitary structures. Moreover, there were cases when young conscripts were tortured or ill-treated on ethnic grounds (because of being graduates of Latin-script educational establishments).

They declared that they had been subjected to torture for the simple reason of having studied in such institutions, being qualified as “MRT traitors” by local officers.

The rights of Moldovan nationals residing in the region are often violated and ignored, Members of other nationalities have similar problems as well. For example, - 34 -

Specific problems

Eugen Colobyshko was found dead in the Nistru River several months after disappearing from military duty. The young man and his relatives, being Ukrainian nationals and citizens, had previously requested for Eugen’s transfer to the Ukrainian Army. As a result of this request, the young man was subjected to torture and disappeared. He was later found dead in the Nistru River.

Despite the fact that the Russian Federation is in control of this region, Russian citizens themselves fall victims to abuse. Promo Lex received a complaint from a Russian citizen, who was sanctioned with deprivation of liberty because he refused to enlist for military service in the paramilitary structures.

The illegal regime attempts to preserve a state of fear and terror throughout society and exercises total and unlimited control over the region. The military structures are meant to defend the Smirnov regime and his family’s businesses. It is obvious that similar to Soviet strategies, a common enemy must be created that everybody fears and against whom the public can be mobilized. The role of enemy nr.1 of the MRT was applied to Chisinau authorities back in 1988-1991,63 and since then most of local Transnistrian inhabitants (approx.40% in and approx.30% in 2004) are Moldovan nationals. Therefore, the usurpation and illegal preservation of such control over this territory cannot be carried out without severe abuses and mass violations of human rights and freedoms. Most local inhabitants are Moldovan citizens, making the separatist authorities’ task even more difficult, since they are constrained to manipulate Moldovan citizens and create in them a hostile attitude toward their country and their people. Such brainwashing activities start in pre-schools and continue in military units. The parents of certain conscripts have stated that they can hardly recognize their children upon return. Many notice that their children have become more aggressive, intolerant and supportive of the illegal regime in the region.

4.5. Behavior of authorities 4.5.1. Constitutional authorities Whenever a new case of the violation of rights is reported, victims are told that the “constitutional authorities do not hold control over the territory on the left bank of the Nistru River and cannot interfere in order to defend their legitimate rights and interests until the Transnistrian conflict is settled”. At the same time, constitutional authorities often make reference to the reserve guaranteed by the signed European Convention on human rights.

We deem such actions (or, rather, in actions) as irresponsible. When misinterpreted, the authorities’ inaction can results in the liability of the Moldovan State for the actions committed by representatives of the separatist regime. Meanwhile, consti63 During the period when in Chisinau occurred forces that plead for national and democratic values, independence and sovereignty of Moldova. If initially, the stetted up goal for separatists, guided by the Soviet security, was maintaining RSSM in the USSR, subsequently, the main purpose of this conflict has turned into a purely economic interests of different groups of Tiraspol, Moscow etc. “Transnistria is not a black hole, but is a net of economic interests and organized crime, strategic routed from Moscow and guard with a gun in hands” ( “Transnistria. Terra Incognita,” pag.72, www . crji.org). Other details about the illegal privatization, arms trafficking, smuggling, etc.. http://crji.org/folder.php?id=7&l=1

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Specific problems

tutional authorities are obliged under art.1 of the Convention to take diplomatic, economic, legal or other types of measures. These methods are in their power to take and would ensure the rights of the persons whose rights are violated by the separatist authorities.

State authorities, through the existing competent structures, are obliged to investigate each case presented to them and or the public to identify the offenders, to summon them to appear before court and, whenever this is not possible, to judge them in their absence and initiate an international fugitive investigation. As long as the judiciary does not take legal, operative and efficient action the problem cannot be resolved. In these circumstances the victims are justified to seek protection in international institutions and courts. Obviously, they primarily contact the ECHR, which has already ruled on such phenomena on the Ilascu case.

4.5.2. Separatist authorities The mishandling of two deaths in military units is revolting to the public. The government and media did not present an objective opinion of the circumstances of the deaths to the public and the crimes went unpunished.

According to official data made public by the local press and confirmed by Promo Lex beneficiaries, there are far more than two cases of death among young conscripts in the region. However, the regime was somehow forced to recognize and accept the catastrophic situation in only these two cases64 In 2007 the Tiraspol prosecutor’s office recognized another two cases of death in Transnistrian military units.65 However, local newspapers and internet sites describe significantly more cases of death in military units.66 Since the Smirnov regime is still illegal, unconstitutional and non-recognized by the international community, including the Russian Federation, fundamental human rights, including the right to life, are not observed in the region and still cannot be guaranteed. In the absence of an international control and monitoring in the region, severe abuses and violations of fundamental rights continue to be committed.

Due to the position adopted by the Russian Federation, which supports the separatist regime by referring to its national interests, the international community and constitutional authorities are practically deprived of any possibility to promote, respect and guarantee the fundamental and constitutional rights of all local inhabitants. On the contrary, the roles have been reversed, so that separatist authorities often display an attitude specific the constitutional authorities, while the latter, in their turn, often have an inadequate and inconsequent behavior in trying to avoid any conflicts with Moscow (which can react immediately and apply a sanction on

64 http://nr2.ru/pmr/163672.html 65 http://www.moldova.md/md/newslst/1211/1/2696/ 66 http://novaiagazeta.org.ru/index.php?newsid=69

- 36 -

Specific problems

Moldova67). To be more specific, we shall refer to the fact that investigative authorities from the region of Transnistria do not only intimidate Moldovan citizens, but also police officers, civil servants and even dignitaries. They do not hesitate in restricting access to this area, sending notifications, arresting the latter, subjecting them to criminal proceedings, try them and even hold them in prisons. Moldovan constitutional authorities, in their turn, do not react in any way and do not use the legislation against those who clearly violate the norms of international law and constitutional provisions.

Under such circumstances the separatist regime shall obviously stand strongly for all those who are loyal to it, even though the latter can be charged with the violent death of several young conscripts enlisted with the paramilitary structures. Specifically for such reasons the Mospan and Colobyshko cases, at least, were covered up and criminal files were allegedly opened against the doctors who committed the irregularities.

67 Immediately after placing the control posts of the Moldovan-Ukrainian border on the Transnistrian segment by the Republic of Moldova with Ukrainian authorities and the EU (The EUBAM), Moscow has blocked the export of Moldovan wines in Russia. This had great consequences over country’s economy, causing the AC to give up.

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Summary. Conclusions

Summary. Conclusions

While politicians continue to debate and negotiate possible solutions to the Transnistrian conflict, fundamental human rights and freedoms continue to be violated by the illegal regime from Tiraspol and ignored by the constitutional authorities from Chisinau.

Human rights in the region are neither understood, promoted nor respected. There is no tradition of democracy in Transnistria and the local population continues to be informed by biased sources that are loyal to separatist structures. Democratic exercises and institutions, freedom of thought and speech, and the right to information do not exist in Transnistria. Civic education and participation in Transnistria is replaced with patriotic education, military education and other innovations of Soviet propaganda. The rights of conscripts, the right to freedom of movement, the right to free and fair elections and property rights are all severely violated in Transnistria and should be a priority issue on the agenda of the government and constitutional law authorities.

Despite the creation of the institute of ombudsman68 and biased reports by the government controlled Transnistrian press that promote a favorable image of the situation of Transnistria, 69 the reality is that severe violations of human rights exist throughout the region. The illegal authorities from the region continue to promote an aggressive campaign against the right bank of the Nistru River, and this negative propaganda justifies, in its turn, the need to maintain a supra-militarized system.70 Since national and international mass media do not have any accurate data on the military potential of the Transnistrian regime, this book’s authors found sources that estimate the human military potential of the region to be of approximately 25,000. full-time well-trained military men (army, security, Cossack, other military structures)71 and up to 114,000. reservists.72 The military service obligations of Transnistrian inhabitants still present major problems. On one hand, they are citizens of the Republic of Moldova, i.e. a full and recognized member of most important international institutions, and reside on its territory; on the other hand, they are MRT citizens, i.e. the citizens of an illegal entity created by foreign forces in the eastern part of the Republic of Moldova. While constitutional authorities justly qualify the regime and situation in the area as rebellion with subsequent occupation of a part of the country, representatives of the separatist regime impose on local inhabitants the duty to defend the Transnistrian state.

68 ������������������������������������������������������������������������������������������������������ Recently on of the so named separatist ombudsman Alexei Slivinski declared in an interview for “Радио ������������� Свободы” www. radioeuropalibera.org, about the fact that human rights in the region have never been violated and there is not any types of tortures.

69 http://www.tiraspoltimes.com/, www.olvia.idknet.com, etc.

70 http://www.point.md/News/Read.aspx?NEWSID=61510 71 For exemple: http://crji.org/folder.php?id=7&l=1 72 http://www.interlic.md/Politic/3163.html

- 38 -

Summary. Conclusions

The so-called MRT legislation includes provisions that double the military duty of Transnistrian inhabitants. Local legislation constrains the inhabitants of the region to be loyal to an illegal regime. Moreover, the separatist propaganda qualifies the Republic of Moldova as enemy nr.1 of the mrt. Over 400.000 of the 555.000 inhabitants of the region are Moldovan citizens. To our regret, constitutional authorities do not defend the rights and interest of local citizens; most of them remaining loyal even after 1992. Even after the Moldovan-Russian war many people in the region continued to be loyal to the Republic of Moldova and fought (and took up arms) for its territorial integrity and independence, fighting against the separatism promoted and enforced from outside. What happens then to their loyalty when they are enlisted for illegal paramilitary structures, threatened with imprisonment, dismissal from work or with being disconnected from the water, gas supply systems etc.?

Another conclusion resulting from our research is that the Constitution, at least in this part of the Republic of Moldova, is not respected. Unfortunately, this means that the constitutional provisions that guarantee equal treatment, rights and freedoms to all Moldovan citizens are invalid for approximately 400000 people.73 It is certain that the paramilitary structures from the Moldovan region of Transnistria were illegally created and armed with external support. The case of Balala Victor,74 former minister of justice of the mrt, proves that the support provided by various Russian structures was not limited to economic or military assistance. In 1997 Balala arrived directly from Moscow as Igor Smirnov’s representative in the SS of the mrr and was further appointed to the office of minister of justice, only returning to Russia in 2006. Therefore, if such a person was appointed to “public” office, then we can only imagine what continues to occur in Transnsitria’s paramilitary structures. In May 2008 material published by the official agency Olvia-Pres75 showed that the separatist regime admits that local inhabitants and citizens are wearing the military uniform of the Russian Federation.76 We suppose that this is the simplest and most comfortable way of keeping the Russian armed forces in Moldova. Thus, since Russian citizenship is granted and favored under semi-legal and non-transparent terms, locals accept conscription in Russian military structures deployed in Transnistria. There is a purely economical reason for this: very high salaries, security for families, facilities, etc. Moreover, such conscripts become military observers or “peace-keepers”, acting as representatives of the Russian state.

73 RM Constitution,

Article 11 - RM proclaims its permanent neutrality and does not allow the deployment of military troops of other countries on its territory.

Art.15 - Universality. Citizens of the Republic of Moldova enjoy rights and freedoms enshrined in the Constitution and other laws and obligations under them.

Art.16 - Equality. Respect and protection of person is a primary duty of the state. All citizens of the Republic of Moldova are equal before the law and public authorities, irrespective of race, nationality, ethnic origin, language, religion, sex, opinion, political affiliation, wealth or social origin.

Art.18 - Protecting citizens. Citizens of the Republic of Moldova enjoy the protection within the state and as well abroad.

Citizens of the Republic of Moldova can not be extradited or expelled from the country.

Art.57 - Defending Motherland is a right and a holy duty of every citizen. Military service is satisfied within the military forces, created for for national defense purpose, border security and maintaining public order, under the law.

74 http://justice.idknet.com/Web.nsf/926f2cd07ca3eb49c2256d330027620e/ 7d025e8b1e9120a8c2256d3500221570?OpenDocument 75 www.olvia.idknet.com 76 http://olvia.idknet.com/ol69-05-08.htm

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Summary. Conclusions

Having performed information, documentation and human rights defense activities in Transnistria, Promo Lex Association has been aware of the phenomena occurring in the Transnistrian army since 2006. Most of the victims and their relatives take no action against their abusers. Even though the number of people who talk about the problems existing in the illegal military structures is high, few of them have the courage to go through all the necessary steps toward protecting their rights. This situation can be explained both by the lack of democratic traditions in the region as well as by the mistrust of the population toward the efficiency of constitutional or international authorities and institutions. Their mistrust is justified, since neither civil society, constitutional authorities nor the international community has ever managed to cause the regime to respect the fundamental rights and freedoms on the territory placed under its control.

We have therefore proved that the fundamental rights of many individuals in Transnistria are violated. Meanwhile, authorities continue to justify their refusal to at least organize military registration in the territory by stating that they lack control over the region. However, such argumentation is not sufficient, since even though local Transnistrian municipalities are indeed outside constitutional jurisdiction, many companies and economic agents exist from Transnistria that are registered with constitutional authorities.77 Moreover, according to legal provisions, the eight educational establishments under the jurisdiction of Moldovan Government could secure at least a partial military registration of citizens residing in this territory. But, inexplicably, such institutions, organizations and companies state that they are unable to keep record of their own personnel and students.

People who are enlisted for military service turn into victims of abuse in the paramilitary units of the region. We refer to such phenomena as non-statutory relations, use of torture, money extortion and forced labor.78 Two cases of death in paramilitary units were widely reported and covered by the media for the first time in 2008.79 Most of the discussions around the causes of these deaths were immediately paralyzed by Transnistrian authorities through threats against those who “try to destroy the MRT army”.80 Local inhabitants cannot discuss these topics openly and are forced to limit discussion to closed circles. After giving these Transnistrian residents a forum for discussion, we became aware of other cases of abuse and felt the need to consolidate the opinions expressed by numerous eye witnesses, victims and their relatives. Most of those who were able to state their opinion believe that: • the guilty were covered up by the separatist regime; • no one shall ever be sanctioned or dismissed from their office; • the number of military men in the region is exaggerated. The region can be compared to a reservation and seems to be a highly militarized area; • it is often that one can see drunk officers on Transnistrian urban streets; • the relatives of victims and eye witnesses of tragic events are persecuted, 77 78 79 80

http://info-prim.md/?x=&y=15541 http://nr2.ru/pmr/163672.html Anatol Mospan and Eugen Kolobyshko case, for details pag. 137-139 http://freemd.info/news/4116.html

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Summary. Conclusions

threatened, etc.; • the Transnistrian army outputs criminals rather than military men; • young people enlisted in this army become disabled as a result of the trauma and physical and mental torture; • such a state of things is very convenient to the officers, who receive bribes from all young people (first, from those who want to escape conscription, and further from those who are enlisted); • the military units lack competent staff, are poorly equipped and fairly financed, which only leads to negative phenomena; • the most severe situation in this sense is that of the military unit dislocated inside the Medieval Fortress from Tighina town; • conscripts’ living conditions and food is very poor, similar to that in prisons;81 • the relatives and children of Transnistrian dignitaries are not enlisted;82 Nevertheless, there are individuals in the region who agree to this price and make reference to the Soviet thesis, stating that “a people that cannot support their own army shall, then, support a foreign army”83. These messages are part of the propaganda that is placed on the internet by representatives of separatist structures.

Some of the locals confessed that the enlistment of young people in the paramilitary structures has a very negative effect on their wellbeing. The local propaganda is very aggressive against everything related to the Moldovan State and people. In this sense, the situation of the paramilitary structures in the region is paradoxical.

Since the Republic of Moldova is enemy nr.1 of the separatist regime, it is presented exclusively from a negative perspective, and military men are being informed, educated and trained to fight against their own country.84 This propaganda begins with the educational establishments and mass media and ends with policy promoted by local municipalities. The public is easily manipulated, misinformed and bribed though economic means (provided to local inhabitants as compared to inhabitants of other regions of the country due to a multilateral Russian support; many Transnistrian pensioners benefit from higher pensions, the price for electricity, gas is much lower, etc.) and lacks any alternative source of information.

We shall leave the settlement of the legal and political status of the region of Transnistria to politicians and diplomats. However, by describing the phenomena and cases of violation of human rights we urge constitutional authorities and the international institutions that deal with human rights to become actively involved in, and assume liability for, the existing situation in the area.

We recommend that governmental institutions from Chisinau adjust the national mechanisms so that all Moldovan citizens can have free access to governmental 81 82 83 84

http://cip.nm.ru/2007/html/27/27_4.htm http://novaiagazeta.org.ru/index.php?newsid=26 http://www.olvia.idknet.com/ol42-09-07.htm Here is an example in this sense: the news agency from Tiraspol Olvia-Press - “For RMN army is alien aggressive ambitions - this army is not a tool of an aggressive policy. But life itself compels the RMN warriors to remember the bitter experience from the beginning of 90’s, and especially the fact that today in RM-nationalists again are raising their heads. Therefore, faithful to Military Court, warriors of RMN Armed Forces hold gunpowder dry and ready to confront the aggressor “

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Summary. Conclusions

institutions. The integration of citizens from the eastern part of the country is an absolute necessity. After 16 years of total isolation, the Government and constitutional authorities should make all efforts to secure equal and non-discriminatory conditions for all of its citizens, regardless of their place of residence. This large group of people must benefit from equal rights and access to Moldova’s democratic institutions. Today, not only the territory itself but also the 555,000 Transnistrian inhabitants are taken out of the constitutional arena.

Since the mrt army is an illegal and repressive institution, and constitutional authorities have a positive obligation to defend and promote human rights, these are our recommendations to the military institutions of the Republic of Moldova: 1. to create the necessary premises for the military registration of young people, conscripts and reservists; 2. to inform all inhabitants of the region about this opportunity; 3. to conduct the medical examination of conscripts; 4. to enlist all those eligible for military service in the National Army of the Republic of Moldova; 5. to guarantee all the rights of this large group of people.

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Case study

Case study

Anatol Mospan The case of the young Anatol Mospan is the most notorious and shocking case ever brought to the attention of the public. Even though there were attempts to cover up his death, Anatol’s parents have managed to get the mass media and NGOs specialized in human rights involved in the case. Moreover, for the first time, the Transnistrian mass media managed to make such a case public. Several pictures of Anatol’s body bearing signs of torture and violent death were shown on a local news edition in order to document the evidence of abuse. This case has no other precedent for the mass media from the left bank of the Nistru River. Unfortunately, using various pretexts, the pictures were taken from Anatol’s parents and relatives and were never returned.

Being enrolled on 28th December 2007, originating from Lunga village (Dubasari districts), Anatol passed away in a military unit in Tiraspol on 2nd January 2008. Heart failure was, according to official documents, the cause of Anatol’s death. However, after having seen Anatol’s body, his parents and relatives declared that his death was caused by torture and violence.

The authorities and responsible persons from the military structures informed the parents of their son’s death and commanded his immediate military burial. The relatives, however, ignored these instructions and decided to open the coffin and dress Anatol as a civilian in order to give him a traditional burial. This is how they had found out the real cause of Anatol’s death.

Initially the case was widely covered by the local and national mass media. As a result, the prosecutor’s office and other structures from the region announced the initiation of a serious investigation and the punishment of those responsible for Anatol’s death. However, to the disappointment of the relatives, the military prosecutor’s office from Tiraspol changed the original version (i.e. dilated cardiomyopathy – acute cardiac insufficiency) several days after the murder. It was announced that the death shall continue to be investigated in order to identify how a young person with such severe health problems could be allowed to enroll in the army.

We believe that this gesture was an attempt to divert the public’s attention from the reality of the situation. Moreover, on 8th January 2008 the so-called ministry of defense from Tiraspol published a press release, in which it publicly threatened all people and organizations that spoke the truth, and qualified such facts as slander and misinterpretation of the facts.85

85 Soviet method of control over the publication of information and of public manipulation

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Case study

Initially many statements were made and various commissions were created both for the investigation of the case as well as for monitoring the situation within the military structures in the region. The case was discussed even by the Supreme Soviet (local parliament), which created a working group and examined a report on it made by a representative from the local military prosecutor’s office. According to this document, the investigation did not establish any signs of violence on the young body of Anatol Mospan, and the cause of death was confirmed to be cardiac arrest.

Therefore, to the extreme disappointment of the pubic, the criminal file was closed and all further investigations were purely formal. This is exactly how the separatist authorities “solved” the Mospan case.

Anatol Mospan’s relatives contacted the Promo Lex Association to speak about what had really happened. They also noted that the pictures that could have served as evidence had been taken away by the local representative of the ombudsman from the region. Since they did not know where else to go for support, Anatol’s close ones solicited the assistance of the Promo Lex legal advisers.

We believe that it is our duty to notify to the public opinion of all the events that occurred during the examination of this case. The first argument is that Anatol Mospan is a Moldovan citizen. Consequently, based on the application, information and documents produced by the relatives, on 15.01.2008 Promo Lex published a press release and notified the constitutional and legal authorities from Chisinau about it (General Prosecutor’s Office, the MHA etc.). Subsequently, the General Prosecutor’s Office of the Republic of Moldova notified us that on 16.01.2008 a criminal investigation was initiated on the grounds of art.145, para.3, lit. f. of the Criminal Code of the Republic of Moldova.

At the same time, Promo Lex specialists, together with their colleagues from the region of Transnistria, prepared all the necessary demarches addressed to Transnistrian authorities. All of these were done for the purpose of making an objective and detailed analysis and examination of all the aspects and circumstances of the case. The demarches were to be sent to Anatol Mospan’s relatives to be signed. We were, however, surprised when Anatol’s relatives warned us to cease any contact and correspondence with them because they had been placed under observation.

We believe that the security services from the region (the MGB) found out that the constitutional authorities opened a criminal file at the request of the relatives of the young person murdered within the paramilitary structures. Consequently, MGB representatives visited the Mospan family, threatened them and forbade them to sign any documents or speak to journalists or representatives of civil society from the right bank of the Nistru River. Anatol’s family did not manage to sign the papers, even though they originally declared that they would request the repeated examination of the circumstances of the case and even agreed to the exhumation of the body if needed. The local press published some information that Anatol’s relatives received monetary compensations for the damage.86 According to statements by some locals, the MGB has unofficially dispatched a post (car) at the residence of the victim in order to observe his relatives as well as the people who visit them.

86 http://novaiagazeta.org.ru/index.php?newsid=109

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Case study

Eugen Kolobyshko Another very severe case was brought to the public’s attention on 6th February 2008, exactly one month after the death of Anatol Mospan. This is the case of an Ukrainian citizen named Eugen Kolobyshko who was 19 years old, originated from Tiraspol, was recruited on 29th July 2007, evaded the military unit in the month of September and asked his relatives to make all efforts to secure his transfer to another unit. Since the relatives did not succeed in doing so, the young man supposedly escaped one more time and disappeared from the unit at the end of October 2007. In December his body was found in the waters of the Nistru River (wearing a military coat). Since the relatives were not able to identify it immediately, they insisted on sending the body to Russia for examination and the latter certified Eugen Kolobyshko’s death by drowning.87 The separatist authorities managed to open a criminal file against this young man who had supposedly escaped for the second time. However, Kolobyshko’s relatives stated that the young man had injuries caused by violence. Moreover, before his death, Kolobyshko had told his parents that his comrades extorted money, humiliated and insulted him. He had informed the military administration of the unit of the problems, abuses and irregularities occurring within the structure. We believe that his claims served as grounds for his mysterious death. At the same time, his family’s claims regarding his enrollment and subsequent transfer to an Ukrainian military unit, i.e. to the country they all were citizens of, could serve as another reason for his death. The relatives stated that, as citizens of Ukraine, they had requested his enrollment in the military structures of their country – Ukraine, but were refused of their request because the separatist regime wanted to avoid any dangerous case precedents.

As in the case of Anatol Mospan, the General Prosecutor’s Office of the Republic of Moldova opened a criminal file but like usual, the constitutional legal authorities did not take any further action beyond that.

Furthermore, Eugen Kolobyshko’s parents addressed the public in the region and created a Committee of soldiers’ mothers. Now, parent committees officially exist within every military unit in Transnistria. However, these organizations have no power and few members. The solders are still afraid to defend their own rights.88

87 88

http://www.newsmoldova.md/news.html?nws_id=676819&date=2008-02-07 http://info-prim.md/?x=24&y=13667

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Research

List �������� of abbreviations �������������

RM – Republic of Moldova RF – Russian Federation EU – Europe Union; CA – Constitutional authorities of the Republic of Moldova CC – Constituitional Court of the Republic of Moldova MD – Ministry of Defence of the Republic of Moldova FA – Forţele Armate ale Republicii Moldova NA – National Army of Republic of Moldova MDI – Ministerul Dezvoltării Informaţionale al R.Moldova NPS – National Passport Sistem SNDP – National Sistem for documentation of Population LPA – Local public authorities CC RM – Criminal Code of Republic of Moldova ILO – International Labor Organisation ECHR – European Court of Human Rights Convention – European Convention for Human Rights DUDO - Declaraţia Universală a Drepturilor Omului PDCP - Pactul Internaţional cu privire la drepturile civile şi politice PDESC - Pactul Internaţional cu privire la drepturile economice, sociale şi culturale CSE - Carta Socială Europeană RMN – autoproclamata republică moldovenească nistreană SS – Sovietul Suprem al autoproclamatei RMN, legislativul de la Tiraspol cp al RMN – codul penal al RMN

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Anexa nr. 1

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Anexa nr. 2

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Anexa nr. 3

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