GUZZARDI v. ITALY JUDGMENT
37
Certain aspects of the situation complained of were undoubtedly
unpleasant or even irksome (see paragraphs 23-42 above); however, having
regard to all the circumstances, it did not attain the level of severity above
which treatment falls within the scope of Article 3 (art. 3) (see the abovementioned Ireland v. the United Kingdom judgment, p. 65, par. 162).
3. Article 6 (art. 6)
108. The Commission gave a negative reply to the question whether the
1975 proceedings that terminated in the Court of Cassation should, as Mr.
Guzzardi argued, have been attended by the guarantees contained in Article
6 (art. 6).
In the Court’s opinion, those proceedings did not involve the
"determination ... of a criminal charge", even when these words are
construed within the meaning of the Convention (see the above-mentioned
Engel and others judgment, p. 34, par. 81). Whether the right to liberty,
which was at stake (see paragraph 62 above), is to be qualified as a "civil
right" is a matter of controversy (see the Golder judgment of 21 February
1975, Series A no. 18, p. 16, par. 33; the above-mentioned Ireland v. the
United Kingdom judgment, p. 89, par. 235); in any event, the evidence does
not reveal any infringement of paragraph 1 of Article 6 (art. 6-1).
4. Article 8 (art. 8)
109. The applicant further relied on his right to respect for his family life.
However, quite apart from other relations by blood or by marriage, his wife
and son lived with him for fourteen of the some sixteen months he spent at
Cala Reale. The reason why they had to leave the island in October 1975 rejoining the applicant there as soon as the beginning of December - was
that he had not applied for renewal of their residence permits which had
expired on 18 August 1975 (see paragraph 35 above). The reasons given by
Mr. Guzzardi to explain his failure so to apply (see paragraph 72 of the
report) disclose nothing contrary to Article 8 (art. 8) which could be
attributed to the Italian State and, in the circumstances, the necessity for
such permits proves to be compatible with that provision. More generally,
the Court concurs with the remarks in paragraph 87 of the Commission’s
report.
5. Article 9 (art. 9)
110. Finally, Mr. Guzzardi complained of an infringement of his right to
manifest his religion in worship. However, he did not claim either that he
had requested that services be held in the chapel at Cala Reale or that he had
sought authorisation to go to the church at Cala d’Oliva (see paragraphs 3637 above and paragraph 89 of the report); accordingly, his complaint does
not bear examination.