GUZZARDI v. ITALY JUDGMENT 27 84. Without expressly requesting the Court to strike the case out of the list, the Government relied on the De Becker judgment of 27 March 1962 (Series A no. 4) where such a course was taken. It is thus necessary to have regard to Rule 47 of the Rules of Court – the provision governing the matter -, the present wording of which dates from 27 August 1974. 85. Paragraph 1 of Rule 47 is concerned with a circumstance not relevant to the instant case, namely discontinuance by a State (see the abovementioned Deweer judgment, p. 19, par. 36). Paragraph 2 provides, subject to paragraph 3, that when "informed of a friendly settlement, arrangement or other fact of a kind to provide a solution of the matter" the Court may strike out of the list "a case brought before [it] by the Commission". There being no agreement - whether formal or otherwise - between the Government and the applicant, it is not possible in the circumstances to talk of either a friendly settlement or an arrangement (ibid., p. 19, par. 37). It remains to be ascertained whether there exists any "other fact of a kind to provide a solution of the matter". As was recalled by the Commission’s Delegates at the hearings, proceedings under the Convention frequently serve a declaratory purpose. The Commission and, at the later stage, the Court have dealt with numerous alleged breaches - isolated or continuing - which related entirely to a period prior to the institution of proceedings (the Delcourt, Tyrer, Schiesser, Deweer cases, etc.) or had ceased whilst the proceedings were in progress (the Lawless, Wemhoff, Neumeister, Stögmüller, Matznetter, Ringeisen, De Wilde, Ooms and Versyp, Golder, Sunday Times cases, etc.); the Court nonetheless ruled on these alleged breaches. The subject-matter of contention in the present case lasted from 8 February 1975 to 22 July 1976, and the Government deny that it occasioned any violation of the Convention. Moreover, when directing on 22 July 1976 that the applicant be sent to Force, the Milan Regional Court relied solely on the requirements of a proper administration of criminal justice and of security on the island (see paragraph 21 above); it made no mention of the applicant’s complaints (cf. the Luedicke, Belkacem and Koç judgment of 28 November 1978, Series A no. 29, p. 15, par. 36). There thus remains a conflict of opinion between the interested parties which a judgment by the Court will serve the purpose of resolving. In addition, Mr. Guzzardi claimed to be entitled to just satisfaction under Article 50 (art. 50) (see his written observations of 8 November 1976, p. 7; of 11 January 1980, p. 4; of 29 April 1980, p. 2); if the Court finds that the Convention’s requirements have not been observed, it will have to decide this claim. The "matter" has therefore received no "solution". 86. The Court’s judgments also serve "to elucidate, safeguard and develop the rules instituted by the Convention thereby contributing to the observance ... of the engagements undertaken" by the Contracting States (see the above-mentioned Ireland v. the United Kingdom judgment, p. 62,

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