SECOND SECTION
\nCASE OF SANDU AND OTHERS v. THE REPUBLIC OF MOLDOVA AND RUSSIA
\n(Applications nos. 21034\/05 and 7 others)<\/p>\n
JUDGMENT
\nSTRASBOURG
\n17 July 2018<\/p>\n
FINAL
\n03\/12\/2018<\/p>\n
This judgment has become final under Article 44 \u00a7 2 of the Convention. It may be subject to editorial revision.<\/p>\n
In the case of Sandu and Others v. the Republic of Moldova and Russia,<\/strong><\/p>\n The European Court of Human Rights (Second Section), sitting as a Chamber composed of:<\/p>\n Robert Spano, President, Having deliberated in private on 26 June 2018,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1.\u00a0\u00a0The case originated in eight applications (nos.\u00a021034\/05, 41569\/04, 41573\/04, 41574\/04, 7105\/06, 9713\/06, 18327\/06 and 38649\/06) against the Republic of Moldova and the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) by 1,646 Moldovan natural persons and 3 companies (\u201cthe applicants\u201d, see attached Annexes nos.1-9), on 25, 26 and 28 October 2004, 24 May 2005, 20 January, 8 February, 14\u00a0April and 6\u00a0September 2006 respectively.<\/p>\n 2.\u00a0\u00a0The applicants were represented by Mr A. Postica and Mr I. Manole, lawyers practising in Chi\u0219in\u0103u. The Moldovan Government (\u201cthe Government\u201d) were represented by their Agent, Mr L. Apostol. The Russian Government were represented by Mr G. Matyushkin, Representative of the Russian Government to the European Court of Human Rights.<\/p>\n 3.\u00a0\u00a0The applicants alleged, in particular, that they had been denied access to their land, in breach of Article 1 of Protocol No. 1 to the Convention, and that they had no effective remedies in this respect.<\/p>\n 4.\u00a0\u00a0On 17 January 2013the applications were communicated to the Governments.<\/p>\n THE FACTS<\/strong><\/p>\n THE CIRCUMSTANCES OF THE CASE<\/p>\n 5.\u00a0\u00a0The facts of the case, as submitted by the parties, may be summarised as follows.<\/p>\n 6.\u00a0\u00a0The 1,646applicants natural persons live in the villages of Doro\u021bcaia, P\u00eer\u00eeta, MolovataNou\u0103, Pohrebea and Cocieri, situated on the left bank of the Dniester in the region of Dub\u01cesari. These villages are under Moldovan control. Part of the land belonging to the applicants is situated in areas near these villages, across a road which links the northern and southern parts of the self-proclaimed \u201cMoldovan Transdniestrian Republic\u201d (the \u201cMRT\u201d \u2013 see for more details Ila\u015fcu and Others v. Moldova and Russia ([GC], no.\u00a048787\/99, \u00a7\u00a7\u00a028-185, ECHR 2004\u2011VII) and Catan and Others v. the Republic of Moldova and Russia ([GC], nos. 43370\/04 and 2 others, \u00a7\u00a7\u00a08\u201142, ECHR 2012(extracts)). That road, which cuts through two zones controlled by the Moldovan Government, is controlled by the authorities of the \u201cMRT\u201d.<\/p>\n 7.\u00a0\u00a0The applicants obtained titles to these plots of land from Moldova as part of the \u201cPam\u00e2ntul\u201d (Land) privatisation programme. In a letter dated 2\u00a0December 1999 the \u201cMRT\u201d local administration informed the Moldovan Department of privatisation that it \u201cdid not have any objections to the creation, on the basis of agricultural entities in the villages ofDoro\u021bcaia, P\u00eer\u00eeta, MolovataNou\u0103, Co\u0219ni\u021ba and Cocieri, the lands of which are situated on the territory of the [\u201cMRT\u201d], of peasant farms within the framework of the \u2018Pam\u00e2ntul\u2019 reform\u201d.<\/p>\n 8.\u00a0\u00a0Title to some of the land was subsequently transferred to others through gift or inheritance. The details of each applicant natural person are set out in Annexes nos. 1-9.<\/p>\n 9.\u00a0\u00a0The applicants Posedo-Agro S.R.L., Agro-Tiras S.R.L. and Agro\u2011\u00a0S.A.V.V.A. S.R.L. are companies which rented land from owners during the relevant period of time.<\/p>\n 10.\u00a0\u00a0On 15 August 2007 the applicant company Posedo-Agro S.R.L. ceded all of its rights and obligations to Serghei Popa Farming Proprietorship (FP). Both of those companies are solely owned by Mr\u00a0Serghei Popa. On 30\u00a0October 2007 Posedo-Agro S.R.L. was liquidated.On 10 October 2013 Serghei Popa FP asked the Court to substitute itself for the original applicant company in respect of application no. 41569\/04 and declared that it maintained that application before the Court.<\/p>\n 11.\u00a0The applicants\u2019 main source of income is the working of the land owned or rented by them. In order to reach their land, they have to cross the road controlled by the authorities of the \u201cMRT\u201d.<\/p>\n 12.\u00a0\u00a0Between 1992 and 1998 the applicants used the land in question or rented it without interference. In 1998 the \u201cMRT\u201d authorities set up checkpoints to monitor the movement of agricultural products across the \u201cborder\u201d coinciding with the above-mentioned road. From then on the applicants had to pay various taxes and fees to the \u201cMRT\u201d authorities.<\/p>\n 13.\u00a0\u00a0In August 2004 the \u201cMRT\u201d authorities declared that the land owned or rented by the applicants was the property of the \u201cMRT\u201d. The applicants could continue working it, on condition that they paid rent to the local \u201cMRT\u201d authorities. The applicants refused to sign rental contracts because they were already the lawful owners (or renters) of that land. As a consequence, all access to their land was blocked and the harvest was lost. Some of the agricultural machines belonging to those who tried to work their land were also seized. No work was done on the land in the following two years, which made it difficult to bring it back to its former capacity.<\/p>\n 14.\u00a0\u00a0The applicants made numerous complaints to the \u201cMRT\u201d authorities, asking for a right of passage. Such a passagewas refused because the authorities considered the land in question to be the property of the \u201cMRT\u201d.<\/p>\n 15.\u00a0\u00a0The applicants also complained to the Moldovan authorities, who replied that they had no means to compel the \u201cMRT\u201d authorities to allow them free passage. They asked the Moldovan Prosecutor General\u2019s Office to start a criminal investigation against the people responsible for blocking the applicants\u2019 access to their land.<\/p>\n 16.\u00a0\u00a0The applicants complained to the Russian embassy in Moldova and to the Organization for Security and Co-operation in Europe (the \u201cOSCE\u201d), to no avail. On 26 April 2005 a group of landowners, including some of the applicants, protested in front of the Russian embassy in Moldova, asking the authorities of that State to intervene as a guarantor of peace and stability in the region. A similar protest took place on 11 May 2005.<\/p>\n 17.\u00a0\u00a0The applicant company Agro-S.A.V.V.A. S.R.L. submitted a document issued by the Moldovan tax office, which showed that it had paid tax on plots of land rented from 281 owners. According to a certificate from the mayor of P\u00eer\u00eeta village, the applicant company had rented plots of land (104 hectares) from people in the village between 1998 and 2006. The applicant company also submitted copies of its tax and statistics reports for 2004, as well as an audit report by acompany called Total Consulting dated 15\u00a0November 2013, which showed that in 2004-2005 the applicant company cultivated 359 hectares of land, of which 104 hectares were situated in the area concerned by the present case. On 3 May 2005 the applicant company complained to Dub\u0103sari Regional Council (a Moldovan local authority) about the situation, and it confirmed on 17 May 2005 that it was unable to cultivate 105 hectares of land rented from 320\u00a0landowners. Similar complaints and requests to allow cultivation of the land were made to the \u201cMRT\u201d local authorities, for instance on 19 July 2005.<\/p>\n 18.\u00a0\u00a0The applicant company Agro-Tiras S.R.L. submitted a certificate from the mayor of Molovata Nou\u0103 village dated 11 October 2004, confirming that it rented 450 hectares of land from the villagers there, all of which were situated across the road, between Dub\u0103sari and R\u00eebni\u021ba (the relevant area). According to a decision of the \u201cMRT\u201d Customs Office of 15\u00a0October 2004, a tractor with agricultural accessories and 5.8 tonnes of wheat had been seized from the applicant company owing to a failure to properly declare the importation of such items into the \u201cMRT\u201d. According to the decision, the tractor was travelling from Molovata Nou\u0103 village in the direction of \u201cplots of land of the \u2018MRT\u2019 under Moldovan jurisdiction\u201d.<\/p>\n 19.\u00a0\u00a0According to a certificate dated 13 November 2013 from the mayor of Cocieri village, the applicant company Posedo-Agro S.R.L. rented land from 782 villagers during the period 2004-2006. The applicant company submitted a copy of a decision taken by the \u201cMRT\u201d Customs Office of 4\u00a0August 2004,which stated that 16 tonnes of barley had been seized from it owing to a failure to properly declare the importation of such items into the \u201cMRT\u201d. A fine (approximately 1,450 United States dollars (\u201cUSD\u201d)) equal to the market price of the barley was imposed and additional costs had to be covered,otherwise the truck carrying the barley, which had also been temporarily seized on 30 July 2004,would be confiscated. A similar decision was taken on 16\u00a0August 2004, by which the applicant company lost 6.1\u00a0tonnes of apples. It also had to pay a fine (approximately USD\u00a0250) equal to the market price of the apples or risk the confiscation of three tractors temporarily seized on 11\u00a0August 2004. According to a certificate dated 12\u00a0October 2004, the applicant company rented 1,377 hectares of land from 820 people in Cocieri, of which 1,256 hectares were situated in the area concerned by the present application.On 4 August 2004 the applicant company complained to the Moldovan Government, the OSCE and the Dub\u0103sari prosecutor\u2019s office (belonging to the \u201cMRT\u201d) about the fine and seizure, stating that it rented 1,256 hectares of villagers\u2019land situated in the relevant area and that despite having temporary registration with the \u201cMRT Customs Office\u201d it was not allowed to take the harvest to storage.<\/p>\n 20.\u00a0\u00a0According to the Moldovan Government, the Moldovan Parliament passed a number of laws aimed at compensating the inhabitants of villages under Moldovan control on the left bank of the Dniester (in the area concerned by the present cases) for losses caused by various actions of the \u201cMRT\u201d. The compensation included differences in natural gas and electricity prices, increasing pensions, giving tax breaks and preferential credits to agricultural companies in the region,and allocating diesel fuel for agricultural activities.Moreover, a number of laws and decisions were implementedin 2004-2007 providing for the payment of compensation to villagers who had sustained losses owing to their inability to cultivate their land in the relevant area, with the total amount of aid reaching almost 39\u00a0million Moldovan lei (MDL) (approximately 2.3 million euros (EUR)). In 2006 the Moldovan authorities managed to negotiate with the \u201cMRT\u201d authorities a temporary \u201cMRT\u201d registration mechanism for owners of land in the relevant area, which allowed them to cultivate the land and be exempt from making payments to the \u201cMRT\u201d. The temporary registration system is renewed each year in negotiations between Moldova and the \u201cMRT\u201d authorities.<\/p>\n THE LAW<\/strong><\/p>\n I.\u00a0\u00a0JOINDER OF APPLICATIONS<\/p>\n 21.\u00a0\u00a0The Court notes that the subject matter of all of the applications is similar. It is therefore appropriate to join the cases, in application of Rule\u00a042 of the Rules of Court.<\/p>\n II.\u00a0\u00a0ADMISSIBILITY<\/p>\n 22.\u00a0\u00a0The Moldovan Government submitted that the complaint lodged by one of the applicants, Posedo-Agro S.R.L., was inadmissible because the company had been liquidated.<\/p>\n 23.\u00a0\u00a0For their part, the Russian Government argued that the applicants did not come within their jurisdiction and that consequently the applications should be declared inadmissible ratione personae and ratione loci in respect of the Russian Federation. Alternatively, they submitted that the applications were inadmissible for the applicants\u2019 failure to exhaust domestic remedies in Russia. They also submitted that Posedo\u2011Agro\u00a0S.R.L.\u2019s application was inadmissible asit had been liquidated and could not transfer any rights to its sole owner, Mr\u00a0Serghei Popa.<\/p>\n A.\u00a0\u00a0Jurisdiction<\/strong><\/p>\n 24.\u00a0\u00a0The Court must first determine whether the applicants fall within the jurisdiction of the respondent States for the purposes of the matters complained of, within the meaning of Article 1 of the Convention.<\/p>\n 1.\u00a0\u00a0The parties\u2019submissions<\/em><\/p>\n a.\u00a0\u00a0The applicants\u2019 submissions<\/p>\n 25.\u00a0\u00a0The applicants submitted that Russia continued to maintain a military presence in the \u201cMRT\u201d despite the undertakings given in the 1999 OSCE Istanbul Summit Declaration. This military force had a dissuasive effect on any attempt by the Moldovan authorities to re-establish control over the region. Moreover, Russian officials had stated, in particular in 2012 and 2013, that they had no intention of withdrawing their troops and ammunition from the \u201cMRT\u201d until the conflict had been finally resolved. That gave support to separatism in the region. While in their observations the Russian Government had referred to alleged inconsistencies between the Court\u2019s factual findings in previous cases and reality, they had not submittedany evidence of that. In fact, Russian military, political and economic support for the \u201cMRT\u201d had continued throughout 2012 and 2013 with the provision of gas without payment and various other kinds of assistance, such as a decision of 17 March 2012 by the Russian Security Council to give the \u201cMRT\u201d some USD 150 million in aid. The applicants submitted that according to information available from the website of the Russian Ministry of Justice an \u201cautonomous non-commercial organisation\u201d(\u201cEurasian Integration\u201d) had obtained three million roubles (RUB) from various sources and had given assistance to the \u201cMRT\u201d of RUB one billion (approximately EUR 24 million), which could thus not be considered as money coming from private sources, but was rather from the Russian authorities.<\/p>\n 26.\u00a0\u00a0The applicants also submitted articles, mainly from \u201cMRT\u201d media, quoting statements from various Russian officials about the \u201cMRT\u201d. In a television interview quoted in a local newspaper on 31 October 2012, the coordinator of the Russian Duma\u2019s group for cooperation with the \u201cMRT\u201d Parliament, Mr Serghei Gavrilov, declared that the Duma was planning \u201cto pass decisions aimed at protecting the interests of the \u2018MRT\u2019… concerning international transportation, the modernisation of Tiraspol airport, assistance to \u2018MRT\u2019 companies in reaching the Russian market, including through the [Russian Defence Ministry\u2019s] purchases\u201d. He added that \u201cRussia, in agreement with the \u2018MRT\u2019, must have as many of its military personnel here as required to ensure the security of the \u2018MRT\u2019 and Russian national interests\u201d. In an interview of 17 November 2012 the \u201cMRT\u201d President declared during a visit by Russian Deputy Prime Minister Dmitrii Rogozin that \u201cRussia\u2019s role for the \u2018MRT\u2019 is in many respects a defining one. … The Russian Federation is the main guarantor for the \u2018MRT\u2019\u201d. An article dated 9\u00a0May 2012 quoted Mr Rogozin as saying that through the above-mentioned organisation Eurasian Integration, and under his personal control, a series of projects was to be implemented in the \u201cMRT\u201d, including the reconstruction of hospitals and schools, the construction of a new wing for the local university, fully equipping that university with computers, and donating eight ambulances. On 10 May 2013 another \u201cMRT\u201d newspaper quoted Mr\u00a0Rogozin as promising a total of RUB one billion (approximately EUR\u00a024.5 million at the time) in humanitarian aid to the \u201cMRT\u201d. The same article quoted a Russian Duma member, Mr A. Zhuravliov, as saying that Russia was providing help to the \u201cMRT\u201d and its people worth hundreds of millions of Russian roubles each year. On 31\u00a0July 2013 Mr Rogozin was quoted as saying that the Russian President was personally monitoring the implementation of the building of ten infrastructure projects in the \u201cMRT\u201d and that the help given to the \u201cMRT\u201d was not help to a foreign subject because approximately 200,000 Russian citizens lived in the region. On 10\u00a0September 2013, following Moldova\u2019s refusal to join the Eurasian Customs Union, the import of Moldovan wines to Russia was prohibited. On 12 September 2013 the Russian authorities stated that the ban did not affect alcohol originating from the \u201cMRT\u201d. In an article dated 18 September 2013 a Russian newspaper (Kommersant) quoted \u201cMRT\u201d Government decisions from April 2012 as stating that some of the money collected from consumers of natural gas in the \u201cMRT\u201d was diverted to a \u201cstabilisation fund\u201d for the \u201cMRT\u201d. According to the newspaper, the region had since 2009 completely stopped making any payments to Gazprom for the gas it consumed, accumulating debts of USD 4 billion.<\/p>\n 27.\u00a0\u00a0As for Moldova\u2019s jurisdiction over the region, that had been confirmed in previous judgments and there was nothing to add on that subject.<\/p>\n b.\u00a0\u00a0The submissions of the Moldovan Government<\/p>\n 28.\u00a0\u00a0The Moldovan Government acknowledged that they had territorial jurisdiction over the region and asked the Court to find that they had taken reasonable actions consistent with their limited influence over the issue.<\/p>\n c.\u00a0\u00a0The submissions of the Russian Government<\/p>\n 29.\u00a0\u00a0The Russian Government argued that the applicants did not come within their jurisdiction and that, consequently, the applications should be declared inadmissible ratione personae and ratione loci in respect of the Russian Federation. As they did in Mozer v. the Republic of Moldova and Russia ([GC], no. 11138\/10, \u00a7\u00a7 92-94, ECHR 2016), the Russian Government expressed the view that the approach to the issue of jurisdiction taken by the Court in Ila\u015fcu and Others (cited above), Ivan\u0163oc and Others v.\u00a0Moldova and Russia (no. 23687\/05, 15 November 2011), and Catan and Others (cited above) was wrong and at variance with public international law.<\/p>\n 30.\u00a0\u00a0They further submitted that Russia had never accepted that it had spent millions of United States dollars on various forms of financial assistance to the \u201cMRT\u201d. Any help offered had been of a humanitarian nature, limited to food and other vital necessities, but had not involved financial assistance such as pension payments (there were at most two people receiving pensions from Russia and one thousand people receiving Second World War veterans\u2019 payments in the \u201cMRT\u201d). Moreover, natural gas was supplied directly to the Moldovagaz company, which then redistributed it to consumers throughout Moldova, including the \u201cMRT\u201d region. It was therefore incorrect to state that Russia supplied natural gas to the \u201cMRT\u201d for free as the debt for gas that had been consumed but not paid for in that region (approximately USD 2 billion) hadbuilt up at Moldovagaz. As for the \u201cMRT\u201d residents in possession of Russian passports, their number did not exceed 140,000 as of September 2013, and was not one-fifth of the population, as suggested by the Court in Catan and Others (cited above, \u00a7\u00a0120).<\/p>\n 31. The Russian presence in the \u201cMRT\u201d was limited to peacekeeping forces as part of its mediation effort and to the personnel necessary for guarding ammunition that could not be evacuated. The Court had been given information about the exact quantity of ammunition stored at Cobasna (approximately 20,000 tonnes of outdated, non-transportable ammunition). The applicants had not claimed that any agent of the Russian State had been involved in the events complained of. Moreover, the \u201cMRT\u201d was not controlled by Russia and had in the past rejected some of Russia\u2019s proposals. In Catan and Others (cited above), Russia had been held responsible for actions in which it had not been involved and which it had not initiated or controlled.<\/p>\n 2.\u00a0\u00a0The Court\u2019s assessment<\/em><\/p>\n 32.\u00a0\u00a0The Court notes that the parties in the present case have positions concerning the matter of jurisdiction which are similar to those expressed by the parties in Catan and Others (cited above, \u00a7\u00a7 83-101) and inMozer (cited above, \u00a7\u00a7\u00a081-95). Namely, the applicants and the Moldovan Government submitted that both respondent Governments had jurisdiction, while the Russian Government submitted that they had no jurisdiction.<\/p>\n 33.\u00a0\u00a0The Court recalls that the general principles concerning the issue of jurisdiction under Article 1 of the Convention in respect of acts and facts occurring in the Transdniestrian region of Moldova were set out in Ila\u015fcu and Others (cited above, \u00a7\u00a7 311-19), Catan and Others (cited above, \u00a7\u00a7\u00a0103-07) and, more recently, Mozer (cited above, \u00a7\u00a7 97-98).<\/p>\n 34.\u00a0\u00a0In so far as the Republic of Moldova is concerned, the Court notes that in Ila\u015fcuand Others, Catanand Others andMozer it found that although Moldova had no effective control over the Transdniestrian region, it followed from the fact that Moldova was the territorial State that persons within that territory fell within its jurisdiction. However, its obligation, under Article 1 of the Convention, to secure to everyone within its jurisdiction the rights and freedoms defined in the Convention, was limited to that of taking the diplomatic, economic, judicial and other measures that were both in its power and in accordance with international law (see Ila\u015fcu and Others, cited above, \u00a7 333; Catan and Others, cited above, \u00a7\u00a0109; andMozer, cited above, \u00a7 100). Moldova\u2019s obligations under Article 1 of the Convention were found to be positive obligations (see Ila\u015fcu and Others, cited above, \u00a7\u00a7 322 and 330-31; Catan and Others, cited above, \u00a7\u00a7\u00a0109-10; andMozer, cited above, \u00a7 99).<\/p>\n 35.\u00a0\u00a0The Court sees no reason to distinguish the present case from the above-mentioned cases. Besides, it notes that the Moldovan Government do not object to applying a similar approach in the present case. Therefore, it finds that Moldova has jurisdiction for the purposes of Article\u00a01 of the Convention, but that its responsibility for the acts complained of is to be assessed in the light of the above-mentioned positive obligations (see Ila\u015fcu and Others, cited above, \u00a7 335).<\/p>\n 36.\u00a0\u00a0In so far as the Russian Federation is concerned, the Court notes that in Ila\u0219cu and Others it found that the Russian Federation contributed both militarily and politically to the creation of a separatist regime in the region of Transdniestria in 1991-1992 (see Ila\u0219cu and Others, cited above, \u00a7 382). The Court also found in subsequent cases concerning the Transdniestrian region that up until July 2010, the \u201cMRT\u201d was only able to continue to exist, and to resist Moldovan and international efforts to resolve the conflict and bring democracy and the rule of law to the region, because of Russian military, economic and political support (see Ivan\u0163oc and Others, cited above, \u00a7\u00a7\u00a0116-20; Catan and Others, cited above, \u00a7\u00a7 121-22; and Mozer, cited above, \u00a7\u00a7 108 and 110). The Court concluded in Mozer that the \u201cMRT\u201d\u2018s high level of dependency on Russian support provided a strong indication that the Russian Federation continued to exercise effective control and a decisive influence over the Transdniestrian authorities and that, therefore, the applicant fell within that State\u2019s jurisdiction under Article 1 of the Convention (Mozer, cited above, \u00a7\u00a7 110-11).<\/p>\n 37.\u00a0\u00a0The Court sees no grounds on which to distinguish the present case from Ila\u0219cu and Others, Ivan\u0163oc and Others, Catan and Others, and Mozer (all cited above), taking into account the fact that the main events complained of happened in 2004-2006, a period covered by the findings in Mozer (cited above).<\/p>\n 38.\u00a0\u00a0It follows that the applicants in the present case fell within the jurisdiction of the Russian Federation under Article 1 of the Convention. Consequently, the Court dismisses the Russian Government\u2019s objections ratione personae and ratione loci.<\/p>\n 39.\u00a0\u00a0The Court will hereafter determine whether there has been any violation of the applicants\u2019 rights under the Convention such as to engage the responsibility of either respondent State (see Mozer, cited above, \u00a7 112).<\/p>\n B.\u00a0\u00a0Exhaustion of domestic remedies<\/strong><\/p>\n 40.\u00a0\u00a0The Russian Government submitted that the applications should be rejected for failure to exhaust domestic remedies before the Russian courts.<\/p>\n 41.\u00a0\u00a0The Court notes that the obligation to exhaust domestic remedies requires an applicant to make normal use of remedies which are available and sufficient in respect of his or her Convention grievances. The existence of the remedies in question must be sufficiently certain, not only in theory but in practice, failing which they will lack the requisite accessibility and effectiveness. To be effective, a remedy must be capable of directly redressing the impugned state of affairs and must offer reasonable prospects of success (see Mozer, cited above, \u00a7 116).<\/p>\n 42.\u00a0\u00a0By contrast, there is no obligation to have recourse to remedies which are inadequate or ineffective (see Akdivar and Others v. Turkey, 16\u00a0September 1996, \u00a7 67, Reports of Judgments and Decisions 1996\u2011IV). However, the existence of mere doubts as to the prospects of success of a particular remedy which is not obviously futile is not a valid reason for failing to exhaust that avenue of redress (see Akdivar and Others, cited above, \u00a7\u00a071, and Mocanu and Others v. Romania [GC], nos. 10865\/09 and 2\u00a0others, \u00a7 223, ECHR 2014 (extracts)).<\/p>\n 43.\u00a0\u00a0As regards the burden of proof, it is incumbent on the Government claiming non-exhaustion to satisfy the Court that the remedy was an effective one, and available in theory and in practice at the relevant time. Once this burden has been satisfied, it falls to the applicant to establish that the remedy advanced by the Government was in fact used, or was for some reason inadequate and ineffective in the particular circumstances of the case, or that there existed special circumstances absolving him or her from this requirement (see, inter alia, Maktouf and Damjanovi\u0107v. Bosnia and Herzegovina [GC], nos. 2312\/08 and 34179\/08, \u00a7 58, ECHR 2013 (extracts); Vu\u010dkovi\u0107 and Others v. Serbia (preliminary objection) [GC], nos.\u00a017153\/11 and 29 others, \u00a7\u00a7 69-77, 25 March 2014; and Gherghina v.\u00a0Romania [GC] (dec.), no. 42219\/07, \u00a7\u00a7 83-89, 9 July 2015).<\/p>\n 44.\u00a0\u00a0The Court notes the Russian Government\u2019s submission concerning the failure to exhaust domestic remedies before the Russian courts. It observes that it examined essentially the same objection in Ila\u015fcu and Others, finding that:<\/p>\n \u201c… the Russian Government mentioned that it was possible for the applicants to bring their complaints to the knowledge of the Russian authorities but did not state what remedies Russian domestic law might have afforded for the applicants\u2019 situation.<\/p>\n It notes also that the Russian Government denied all allegations that the armed forces or other officials of the Russian Federation had taken part in the applicants\u2019 arrest, imprisonment and conviction or had been involved in the conflict between Moldova and the region of Transdniestria. Given such a denial of any involvement of Russian forces in the events complained of, the Court considers that it would be contradictory to expect the applicants to have approached the Russian Federation authorities\u201d (Ila\u015fcu and Others [GC] (dec.), no. 48787\/99, 4 July 2001).<\/p>\n 45.\u00a0\u00a0In the present case, the Russian Government did not specify which of their courts had jurisdiction over complaints against the actions of the \u201cMRT\u201d authorities. Moreover, no details were given as to the legal basis for examining such complaints and to the manner in which any decision taken would be enforced. In addition, the Russian Government continued to deny any direct involvement in the Transdniestrian conflict.Giventhose circumstances the Court is not satisfied that the remedies referred to by the Russian Government were available and sufficient.<\/p>\n 46.\u00a0\u00a0It follows from the above that the Russian Government\u2019s objection must be dismissed.<\/p>\n C.\u00a0\u00a0Standing of Posedo-AgroS.R.L.<\/strong><\/p>\n 47.\u00a0\u00a0The Moldovan Government submitted that Posedo-AgroS.R.L. could no longer claim to be a victim of a violation of its rights since it had been liquidated on 30 October 2007.<\/p>\n 48.\u00a0\u00a0The Russian Government also submitted that the applicant company could no longer claim to be a victim of a violation of its rights since it had been liquidated. The contract ceding its rights to its sole owner, Mr\u00a0Serghei\u00a0Popa, which it had concluded prior to its liquidation, should not be possible legally since it would imply a contract between Mr Popa and himself. They argued that the liquidation of a company did not entail any transfer of its rights to third parties. Moreover, Mr\u00a0Popa had only informed the Court about that transaction fiveandahalf years after the fact.<\/p>\n 49.\u00a0\u00a0The representative of the company Serghei Popa FP noted that it had obtained all the rights belonging to the original applicant company (Posedo\u2011AgroS.R.L., see paragraph 10 above) and that it had requested that the Court allow it to replace the original applicant company. It added that a transfer of rights between two companies owned by the same person, as was the case here, was not prohibited under Moldovan law. Moreover, Mr Popa had signed the original application form and the power of attorney for his lawyer in his own name and in the name of Posedo-AgroS.R.L. As he was the sole owner of that company and the sole owner of Serghei Popa FP, he could still claim to be a victim of the breach of the rights protected under Article\u00a01 of Protocol No. 1 to the Convention.<\/p>\n 50.\u00a0\u00a0The Court notes that on 15 August 2007 Posedo-AgroS.R.L. ceded all of its rights to Serghei Popa FPbefore it had been liquidated and thus at a moment when it had the power to transfer any right to a third party. The director and sole owner of Serghei Popa FP, Mr Popa,subsequently expressed the wish to maintain the application before this court (see paragraph 10 above). Given the economic nature of the interests at stake, which are thus transferable to other persons or entities, and the absence of any doubt that Mr Popa had the right to represent each of the two companieshe had created, the Court sees no reason to disregard the agreement between the two companies and finds no procedural impediment to replacing the original applicant company by the new one (see, for instance, Dimitrescu v. Romania, nos. 5629\/03 and 3028\/04, \u00a7 34, 3 June 2008). For practical reasons this judgment will continue to refer to Posedo-Agro S.R.L. as the \u201capplicant\u201d although its successor company Serghei Popa FP is today to be regarded as having that status (see Dalban v. Romania [GC], no. 28114\/95, \u00a7 1, ECHR 1999\u2011VI, and Brosset-Triboulet and Others v. France [GC], no.\u00a034078\/02, \u00a7 58, 29 March 2010).<\/p>\n The Russian Government\u2019s objection to the transfer of rights from a company owned by a private individual to that individual himself must therefore be rejectedas the transfer was in fact one between two legal entities.<\/p>\n 51.\u00a0\u00a0In view of the replacement of the original applicant by another one, the Moldovan Government\u2019s objection concerning the subsequent liquidation of the original applicant company must also be rejected.<\/p>\n 52.\u00a0\u00a0Given the fact that the complaint lodged by Mr Serghei Popa in his own name coincides with that lodged by Posedo-Agro S.R.L., and given the absence of any exceptional reason for \u201cpiercing the corporate veil\u201d in his favour since the company was able to lodge the application, the Court considers that Mr Popa does not have separate standing in respect of the complaint. Therefore, his personal complaint must be rejected for being incompatible ratione personae with the provisions of the Convention, pursuant to Article 35 \u00a7\u00a7 3 and 4of the Convention (see Agrotexim and Others v. Greece, 24\u00a0October 1995, \u00a7\u00a7 66 and 71, Series A no. 330\u2011A).<\/p>\n D.\u00a0\u00a0Withdrawal by three applicants<\/strong><\/p>\n 53.\u00a0\u00a0On 29 August 2016 three applicants (Mr Simion Cre\u021b, Mrs Lidia Cre\u021b and Mr Ion Luchianov)stated that they did not intend to pursue their applications before the Court.<\/p>\n 54.\u00a0\u00a0The Court considers that this information must be examined in the light of Article 37 \u00a7 1 of the Convention. Insofar as relevant, Article\u00a037 provides:<\/p>\n \u201c1.\u00a0\u00a0The Court may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to the conclusion that<\/p>\n (a)\u00a0\u00a0the applicant does not intend to pursue his application;<\/p>\n ..<\/p>\n However, the Court shall continue the examination of the application if respect for human rights as defined in the Convention and the Protocols thereto so requires.\u201d<\/p>\n 55.\u00a0\u00a0Article 37 \u00a7 1 (a) of the Convention covers the situation where the applicant wishes to withdraw his or her application (see K.A.S. v. The United Kingdom (dec.), no. 38884\/12, \u00a7 45, 4 June 2013,and Polovynko and Others v. Ukraine and Russia (dec.), no. 52061\/14 and 3 others, \u00a7 10, 5 July 2016). Circumstances regarding respect for human rights as defined in the Convention and the Protocols thereto, which require the continued examination of the application, exist when such examination would contribute to elucidating, safeguarding and developing the standards of protection under the Convention (see, for example,H.P. v. Denmark (dec.), no. 55607\/09, \u00a7 85, 13 December 2016, and, a contrario, Konstantin Markin v. Russia [GC], no.\u00a030078\/06, \u00a7 90, ECHR 2012 (extracts)).<\/p>\n 56.\u00a0\u00a0In the present cases, the Court notes that the applicants expressly stated that they no longer wished to pursue their applications. It further notes that this case was brought by more than 1,600 applicants. The Court therefore has an opportunity to determine the legal issues involved,even if these three applicants withdraw their applications.Respect for human rights as defined in the Convention and the Protocols thereto does not require the continued examination of their applications.<\/p>\n 57.\u00a0\u00a0In the light of the foregoing, the Court, in accordance with Article\u00a037\u00a0\u00a7 1 (a) of the Convention, decides to strikethe applications out of the list of cases as far as these three applicants are concerned.<\/p>\n E.\u00a0\u00a0Other admissibility issues<\/strong><\/p>\n 58.\u00a0\u00a0The Court notes that a number of applicants have not provided it with sufficient information in order to be able to continue examining their applications, such as personal identification, the surface of plots of land which they owned at the relevant time in the area under consideration or cadastral numbers for such land. In addition, some applicants have died and no known successors have declared their wish to continue with the relevant applications. Both categories of applicants are listed in Annexes 2, 5, 7 and\u00a09.<\/p>\n 59.\u00a0\u00a0The Court considers that these applications must be examined in the light of Article 37 \u00a7 1 (c) of the Convention. Insofar as relevant, Article 37 provides:<\/p>\n \u201c1.\u00a0\u00a0The Court may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to the conclusion that<\/p>\n …<\/p>\n (c) for any other reason established by the Court, it is no longer justified to continue the examination of the application.<\/p>\n …\u201d<\/p>\n 60.\u00a0\u00a0The Court considers, having regard to the circumstances mentioned above (see paragraph58 above), that it is no longer justified to continue the examination of the applications listed in Annexes 2, 5, 7 and 9. Moreover, for the reasons given above (see paragraph56above), the Court considers that respect for human rights as defined in the Convention and the Protocols thereto, does not require the continued examination of these applications.<\/p>\n 61.\u00a0\u00a0In the light of the foregoing, the Court, in accordance with Article\u00a037\u00a0\u00a7 1 (c) of the Convention, decides to strike the 172 applications listed in Annexes 2, 5, 7 and 9 out of the list of cases.<\/p>\n 62.\u00a0\u00a0The Court also notes that some of the applicants died after lodging the application and their heirs expressed a wish to continue with the relevant applications, as reflected in annexes 1, 3, 4, 6 and 8. In view of the pecuniary nature of the complaints made in the present application, the Court sees no reason to refuse these requests by the heirs. For practical reasons, this judgment will continue to refer to the original applicants as the \u201capplicants\u201d, although their heirs are now to be regarded as having that status (see paragraph50 above).<\/p>\n III.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE 1 OF PROTOCOL No. 1 TO THE CONVENTION<\/p>\n 63.\u00a0\u00a0The applicants complained that by not allowing them access to their land or by making it conditional on them paying rent, the \u201cMRT\u201d authorities had breached their rights under Article 1 of Protocol No. 1 to the Convention, which reads as follows:<\/p>\n \u201cEvery natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.<\/p>\n The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.\u201d<\/p>\n A.\u00a0\u00a0Admissibility<\/strong><\/p>\n 64.\u00a0\u00a0The Court notes that the applicationsare not manifestly ill-founded within the meaning of Article 35 \u00a7 3 (a) of the Convention. It further notes that theyare not inadmissible on any other grounds. They must therefore be declared admissible.<\/p>\n B.\u00a0\u00a0Merits<\/strong><\/p>\n 1.\u00a0\u00a0The parties\u2019 submissions<\/em><\/p>\n (a)\u00a0\u00a0The applicants\u2019 submissions<\/p>\n 65.\u00a0\u00a0The applicantsnatural persons argued that by being preventedfromobtaining access to the land they owned in 2004-2006 and subsequently being forced to conclude rental agreements concerning their land, the \u201cMRT\u201d authorities had breached their rights under Article 1 of Protocol\u00a0No.\u00a01 to the Convention. They submitted that while the land had not been formally expropriated, their property rights had been limited in a manner similar to those of the Cypriot citizens who had lost access to their property under the effective control of the self-proclaimed \u201cTurkish Republic of Northern Cyprus\u201d, as found by the Court in the case of Loizidou v. Turkey (merits) (18 December 1996, Reports 1996\u2011VI). Moreover, their property had lost much of its value because of the limits on its use.<\/p>\n 66.\u00a0\u00a0The applicants accepted that the initial lists of applicants in the application forms had not been fully accurate since some applicants had been listed several times because they owned several plots of land. Moreover, some confusion had been caused by the fact that certain names had been written differently during the Soviet era from their spelling in the new Moldovan identification and land title documents. Some documents confirming ownership or the rent of land had been omitted by mistake. However, they had submitted an updated list of applicants and appended all the relevant information to their observations of 20 November 2013.<\/p>\n 67.\u00a0\u00a0The applicant companies argued that they had a \u201clegitimate expectation\u201d, within the meaning of Article 1 of Protocol No. 1 to the Convention, of being able to use the relevant land in accordance with their rental contracts, and of making profit from their agricultural activity there. They referred to the various certificates from the Moldovan authorities confirming that they had in 2004-2006 rented specific areas of land in the relevant area, and to the decisions of the \u201cMRT\u201d authorities fining them and seizing their agricultural equipment used to cultivate that land (see paragraphs 17-19 above).By being prevented from cultivating the rentedland,they had sustained losses and lost profits. Their rights under Article\u00a01 of Protocol No. 1 to the Convention had thus been breached.<\/p>\n (b)\u00a0\u00a0The Moldovan Government\u2019s submissions<\/p>\n 68.\u00a0\u00a0The Moldovan Governmentnoted that the merits of the complaint was closely related to the jurisdictional issue and to the extent to which Moldova had carried out the positive obligations under the Convention. They did not make any additional arguments concerning this complaint.<\/p>\n (c)\u00a0\u00a0The Russian Government\u2019s submissions<\/p>\n 69.\u00a0\u00a0The Russian Government noted that information in respect of many of the applicants (they specifically identified forty-six of them), was incomplete or illegible, lacking, for instance, cadastral numbersand other evidence of ownership or cultivation of the land. While some applicants had submitted deeds of gift or wills, they had not appended documents confirming that ownership of the land had been obtained through such acts.<\/p>\n 70.\u00a0\u00a0The applicant company Agro-S.A.V.V.A. S.R.L.had not submitted any evidence that it had rented 104 hectares of land in the relevant area, such as rental contracts, a list of lessors, extracts from the register of real estate or details of the location of the land. In the absence of copies of rental agreements, it was impossible to speculate as to whether it could or could notrent land from unspecified landowners and at what price. Owing to their inability to establish facts in the \u201cMRT\u201d, the Russian Government could not verify themselves whether each applicant owned or rented land in the relevant area.<\/p>\n 71.\u00a0\u00a0Moreover, the applicants who had submitted evidence of owning or renting land in the relevant area could farm it once they had signed tenancy agreements with the local authorities in the \u201cMRT\u201d. In that case, as was clear from the documents submitted by the applicants themselves, the \u201cMRT\u201dcustoms bodies would not have prevented the farming of the land.<\/p>\n
\nPaul Lemmens,
\nLedi Bianku,
\nI\u015f\u0131l Karaka\u015f,
\nValeriu Gri\u0163co,
\nDmitry Dedov,
\nJon Fridrik Kj\u00f8lbro, judges,
\nand Stanley Naismith, Section Registrar,<\/p>\n