Moldova: Whether an ethnic Moldovan, born to Moldovan parents in Tiraspol, Dniester Moldovan Republic (DMR), who is a Russian citizen, would be at risk of being convicted and jailed by the Moldovan authorities for having served in the 14th Soviet Army during its intervention in Transdniestria in the early 1990s and having fought with the Pridnestrov'e (Transdniestrian militia units); role of the 14th Soviet Army in the DMR during the 1992 armed conflict

In a 4 August 1999 correspondence sent to the Research Directorate, a representative of the Chisinau-based Helsinki Committee for Human Rights in Moldova, which is a member of the International Helsinki Federation for Human Rights (IHF) based in Vienna, stated that when the 1992 armed conflict broke out, the 14^th Russian Army had already replaced the 14th Soviet Army. The Moldovan Helsinki Committee has documented evidence that the 14th Russian Army provided logistical support (military amunitions, arms, including heavy vehicles etc.) and personnel (instructors, and a limited number of soldiers) to the separatist forces to fight the constitutional forces. The representative also stated that the 14th Russian Army continued throughout the early 90s until now to actively support the secession ofthe Transdniestria region.

In the attached paper entitled "Moldova and the Dniester Republic," which was published in 1997 by the Oslo-based International Peace Research Institute (PRIO) in a book entitled Conflicts in the CSCE Area,political analyst Påls Kolstø states that:

In the spring of 1992, armed clashes between Moldovan government troops and the Dniester Republic National Guard became almost everyday occurrences. The Dniester guard was reinforced by Cossaks coming from Russia as well as by volunteers from the 14^th Soviet Army stationed in Tiraspol… The army command strenuously tried to keep neutral, but many of the officers and soldiers were local Dniester citizens clearly sympathizing with the PMR [Transdniester Republic] separatist efforts.

On whether an ethnic Moldovan would be at risk of being convicted and jailed by the Moldovan authorities for having been part of the 14^th Russian Army during the 1992 armed conflict, the representative stated that officially, the 14th Russian Army never took part in the conflict of 1992 between the Transdnistrian separatist military forces and the constitutional forces, although the situation in reality was quite different. However, there are no legal grounds for convicting a Russian citizen serving in the Russian military forces and no cases of persons being prosecuted or extrajudicial action taken against an individual for having served in the Russian military, regardless of his/her ethnic background (4 Aug. 1999).

The representative also stated that, irrespective of citizenship, a person who may have participated in the 1992 armed conflict on either side of the warring paramilitary units, was granted pardon under the provisions of an agreement between the leaders of Moldova and those of the DMR. The representative stated there is a known case of a former member of the "separatist" forces who was pardoned under this agreement for the killing of several persons in a bomb explosion (ibid.).

In a 25 July 1997 interview given in Russian to the Kiev-based Nezavisimost, former Moldovan president Mircea Ion Snegur acknowledged that the Moldovan government in Chisinau "declared an amnesty for all the participants in the conflict long ago."

No additional information on this amnesty could be found among the sources consulted by the Research Directorate.

Another representative of the Helsinki Committee for Human Rights in Moldova stated that persons who performed their military service between 1991 and July 1993 are not liable to be prosecuted by the authorities or subjected to restrictions (10 Aug. 1999). The representative also stated that there are people who took part in the 1992 conflict who currently live in Chisinau with no problems connected to their past. However, the Helsinki Committee for Human Rights in Moldova has recorded several cases of demobilized 14^th Army officers who were accused by the DMR authorities in Tiraspol of having collaborated with the Moldovan authorities. Some of them were arrested and others "had problems with their homes located on the left bank of the Nistru (Dniester) river.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Helsinki Committee for Human Rights in Moldova, Chisinau. 4 August 1999. Correspondence.

Helsinki Committee for Human Rights in Moldova, Chisinau. 10 August 1999. Correspondence.

Kolstø, Påls. 1996. "Moldova and the Dniester Republic." In Conflicts in the OSCE Area

Edited by Sven Gunar Simonsen. Oslo: International Peace Research Institute, Oslo [Prio]. [Accessed: 4 Aug. 1999].

Nezavisimost [Kiev, in Russian]. 25 July 1997. "Moldova: Moldovan ex-President Snegur Interviewed." (FBIS-SOV-97-161-S 25 July 1997/WNC)

Kolstø, Påls. 1996. "Moldova and the Dniester Republic." In Conflicts in the OSCE Area

Edited by Sven Gunar Simonsen. Oslo: International Peace Research Institute, Oslo [Prio]. [Accessed: 4 Aug. 1999].