Tatiana-Lăcrămioara ȘOLDĂNESCU
This research examines the extraterritorial application of the European Convention on Human Rights (ECHR) and the UN Convention Against Torture (UNCAT) in Transnistria, a region where questions of jurisdiction remain highly contested. Although officially part of the Republic of Moldova, the State’s obligation to prevent, investigate, and punish acts of torture is constrained by its loss of de facto control over this territory. The analysis compares the approaches of the European Court of Human Rights (ECtHR) and the Committee against Torture in interpreting jurisdiction beyond national borders. The findings show that both mechanisms contribute positively to combating impunity and extending human rights protection to population in this territory. While the ECtHR has adopted a pragmatic approach assigning shared obligations to the Republic of Moldova and Russia, the Committee against Torture remains more cautious. The study concludes that international human rights law is evolving toward recognizing accountability based on control and influence rather than strict territoriality, urging both bodies to strengthen their engagement in these grey zones of international law.
