After 26 years of the creation of the peacekeeping contingent in the Transnistrian region, the opinions about the role and utility of this mission differ. On the one hand, the de facto administration of the region eulogizes the mission. On the other hand, the opinions in Chisinau are now more contradictory that ever. In a comment for IPN, Promo-LEX Association says the ‘euphoria’ on the left side of Nistru concerning the peacekeeping mission is not a surprise. The introduction of “penal” punishments for the “lack of respect for the peacekeeping mission” is one of the moments of this imposed state.
Under Articles 278-3 of the “local penal local”, the persons who, by their pubic acts and statements, show lack of respect for the peacekeeping mission of the Russian Federation in the Transnistrian region, aim to distort the positive role of the Russian peacekeeping mission or undermine Russia’s merits in peacekeeping, security and stability will be punished with a fine of up to €1,000 (average pay in the Transnistrian region is €219) or can be jailed for a period of three years. In the case of public figures, the punishment is a fine of up to €1,500 or even seven years in prison and ban on holding particular public posts for a period of up to three years.
Promo-LEX said the situation on the left side of the Nistru is paradoxical as the constitutional authorities transmit unclear messages and make confusing and contradictory statements. On the one hand, the presidential office unconditionally supports this format. In July 2017, an attempt was even made to award Russian peacekeepers. On the other hand, the Moldovan Government insists at international level on the withdrawal of the Russian troops from the sovereign territory of Moldova, except for the Russian peacekeeping troops. Meanwhile, Promo-LEX and other civil society organizations repeatedly underlined the necessity of transforming this operation.
Promo-LEX notes the discussions concerning the transformation of the peacekeeping mission into an internationally mandated civil monitoring mission became fundamental after January 1, 2012, when Moldovan citizen Vadim Pisari was shot dead by a Russian packer at peacekeeping point No. 9. It should be noted that Vadim Pisari was shot not by a soldier of the Operational Group of Russian Forces, but by a Russian peacekeeper. Moreover, this was shot with bullets that are banned by international conventions.
In 2015, the European Court of Human Rights, in the case of Pisari versus Moldova and Russia, held that the right to life was violated materially and procedurally and that there was no pressing need for the Russian soldier to use lethal force. The Court also ruled that the investigation conducted by the Russian authorities into the death of Vadim Pisari was inadequate as these repeatedly refused to recognize the young man’s parents as the injured party.
Promo-LEX considers the statements made by the Special Representative of the OSCE Chairperson-in-Office for the Transnistrian Settlement Process Franco Frattini cast doubt on the transparency in the negotiation process. Officially, the OSCE supports the transformation of the peacekeeping mission, but Franco Frattini’s statements of the start of this year bring the transparency in the negotiation process and the real positions of the players involved in the talks in question.
Analyzing the current format of the peacekeeping mission, Promo-LEX ascertained that this remains inefficient. Formally, this operation is responsible to the Joint Control Commission, but following the defects in the functioning system, the actions that are beyond the powers of this remain unpunished. As the conflicting parties (Moldova and Russia) formed the peacekeeping mission themselves, this cannot be impartial and this is against the UN standards.
Promo-LEX reiterates that six years after the murder of Vadim Pisari, the peacekeeping mission remained unchanged. The association considers the discussions on the transformation of the peacekeeping mission into a internationally mandated civil monitoring mission should be resumed as the modification of the peacekeeping format in Moldova could really contribute to the understanding and solving of the problems faced by the population in the zone and the local public authorities. This would enable to take real steps for guaranteeing human rights and, implicitly, for resolving the Transnistrian dispute and ensuring security in the region.
