GUZZARDI v. ITALY JUDGMENT
35
Winterwerp judgment, pp. 17-18, par. 39-40). In addition, problems might
have arisen in connection with paragraph 3 of Article 5 (art. 5-3), which has
to be read together with paragraph 1 (c) (art. 5-1-c) (see the abovementioned Ireland v. the United Kingdom judgment, p. 75, par. 199), and
even with Article 18 (art. 18).
At first sight, a more likely hypothesis is that the measure complained of
was taken because it was "reasonably considered necessary to prevent [Mr.
Guzzardi’s] committing an offence" or, at the outside, "fleeing after having
done so". However, in that case as well a question would arise as to the
measure’s "lawfulness" since, solely on the basis of the 1956 and 1965 Acts,
an order for compulsory residence as such, leaving aside the manner of its
implementation, does not constitute deprivation of liberty (see paragraph 94
above). It would also be necessary to consider whether the requirements of
paragraph 3 of Article 5 (art. 5-3) had been observed (see the Lawless
judgment of 1 July 1961, Series A no. 3, pp. 51-53, par. 13-14). In any
event, the phrase under examination is not adapted to a policy of general
prevention directed against an individual or a category of individuals who,
like mafiosi, present a danger on account of their continuing propensity to
crime; it does no more than afford the Contracting States a means of
preventing a concrete and specific offence. This can be seen both from the
use of the singular ("an offence", "celle-ci" in the French text; see the
Matznetter judgment of 10 November 1969, Series A no. 10, pp. 40 and 43,
separate opinions of Mr. Balladore Pallieri and Mr. Zekia) and from the
object of Article 5 (art. 5), namely to ensure that no one should be
dispossessed of his liberty in an arbitrary fashion (see the above-mentioned
Winterwerp judgment, p. 16, par. 37).
103. Finally, sub-paragraphs (d) and (f) of Article 5 par. 1 (art. 5-1-d, art.
5-1-f) are obviously not relevant.
(c) Conclusion
104. To sum up, from 8 February 1975 to 22 July 1976 the applicant was
the victim of a breach of Article 5 par. 1 (art. 5-1).
C. The other alleged violations
1. Preliminary observation
105. The Commission’s report stated that, as regards Articles 3, 6, 8 and
9 (art. 3, art. 6, art. 8, art. 9), there was no foundation for the applicant’s
allegations.
According to the Government, it followed that the Court’s task was
confined to determining the issues under Article 5 (art. 5) (see paragraphs 4