GUZZARDI v. ITALY JUDGMENT
13
objection despite section 12 of Act no. 1423 of 27 December 1956 (see
paragraph 51 below). No action was taken on his letter.
42. In addition, on 9 January 1976 all the persons in compulsory
residence addressed a collective protest to the Sassari questore. They
claimed (a) the allocation of a suitable house to each of them; (b) permanent
access to Cala Reale by members of their families; (c) work opportunities
capable of providing maintenance for them and their families, the subsidy of
45,000 or 46,500 Lire paid by the Ministry not being sufficient for the
purpose; (d) the mooring at Cala Reale, instead of Porto Torres, of the boat
used for transporting them; (e) the right to go individually and at least once
a week to Porto Torres to purchase food supplies; (f) the reopening of the
post office at Cala Reale; (g) the improvement of the health and sanitary
conditions in the inhabited zones and adjoining areas; (h) on-the-spot
medical assistance and the possibility of consulting specialists without
delay; (i) more humane treatment from the bodies coming under the
authority of the police headquarters; (j) proper upkeep of the premises; (k)
installation of a second telephone.
The Government asserted that they thereupon took certain steps to satisfy
some of these requests, in particular as regards items (a), (b), (d) and (f).
D. Discontinuance of the use of Asinara as a place of compulsory
residence
43. The situation of the "residents" at Cala Reale was also criticised in
the press. The administrative authorities investigated possible remedial
measures but, in the face of the expense involved and time needed, did not
pursue the matter. In consequence, the Ministry of the Interior decided in
August 1977 to strike (depennare) the island out of the list of places for
compulsory residence. By that date Mr. Guzzardi had been living at Force
for more than a year (see paragraph 21 above); however, two of the
documents filed show that his application to the Commission was not
unconnected with the Ministry’s decision. The last individuals in
compulsory residence left Asinara on 17 November 1977.
II. THE LEGISLATION APPLIED IN THE APPLICANTS CASE
44. The treatment complained of by the applicant was based on Act no.
1423 of 27 December 1956 and Act no. 575 of 31 May 1965.
A. The 1956 Act