OBSERVANCE OF HUMAN RIGHTS AND FREEDOMS IN THE ADMINISTRATIVETERRITORIAL LOCALITIES ON THE LEFT BANK OF THE DNIESTER RIVER AND
BENDER MUNICIPALITY (TRANSNISTRIA)
Even if the State does not have effective control over the localities on the left bank of the
Dniester, the State does not cease to have jurisdiction and, therefore, still has obligations under
international law with regard to persons within this territory.114 The State does not cease to have
jurisdiction within the meaning of Article 1 of the European Convention on Human Rights (ECHR)
over that part of its territory. Even in the absence of effective control, the State has a positive
obligation and is obliged to take diplomatic, economic, judicial or other measures that are within its
competence with respect to foreign States and international organizations, to continue guaranteeing
the rights of persons ”(from Transnistria - n.n.).115 The State has the obligation to ensure the
observance of the rights recognized in the Covenant in relation to the people of Transnistria within
the limits of its effective power, and should renew its efforts to resolve the impediments to the
implementation of the Covenant in Transnistria ...116
The activity of the People's Advocate Office, which was established to protect and promote
human rights in the jurisdiction of Moldova, expands, in accordance with its attributions, to carry
out its activity on the situation of human rights in Transnistria: the role and tasks of the People's
Advocate Office in Moldova are determined by the provisions of the Law on the People's Advocate,
no. 52 of 03.04.2014 and the Law on the approval of the Regulation on the organization and
functioning of the People's Advocate Office, no. 164 of 31.07.2015. The Paris Principles, the
international standard for the functioning of National Human Rights Institutions, encourage these
institutions to work actively in the post-conflict period. Also, the Area of Intervention 16
“Observance of human rights in the localities on the left bank of the Dniester of the Republic of
Moldova” of the National Action Plan on Human Rights for 2018-2022 establishes specific actions
for the protection and promotion of human rights in Transnistria. These actions also reflect
Moldova's commitments in the two cycles of the Universal Periodic Review.
114
Ilascu and Others v. The Republic of Moldova and Russia, 48787/99, European Court of Human Rights, 8 July 2004,
§ 333.
115
Ilascu and Others v. The Republic of Moldova and Russia, § 331, 333 and 339.
116
Committee on Human Rights, Establishment of Observations related to Moldova (CCPR / C / MDA / CO / 2 (2009),
para. 5.
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