GUZZARDI v. ITALY JUDGMENT
3
There appeared before the Court:
- for the Government:
Mr. G. AZZARITI, State Counsel (avvocato dello Stato),
Agent’s Delegate;
- for the Commission:
Mr. J. FAWCETT,
Principal Delegate,
Mr. J. FROWEIN,
Delegate.
The Court heard addresses by those appearing and their replies to
questions put by it and by two of its members. It requested them to produce
several documents; the majority of these, and some other documents, were
supplied by the Commission and the Government on 29 and 30 January and
on 11 April and 26 June.
7. At the close of deliberations held on 30 and 31 January, the Chamber,
considering that the case raised serious questions affecting the interpretation
of the Convention, decided under Rule 48 to relinquish jurisdiction
forthwith in favour of the plenary Court.
Having obtained, through the Registrar, the agreement of the Agent of
the Government and the concurring opinion of the Delegates of the
Commission, the Court decided on 29 April that the proceedings would
continue without further oral hearings (Rule 26).
8. Two documents which the President, Mr. Wiarda, had requested from
the Commission on 31 January were supplied by its secretariat to the
registry on 4 February. On 11 April and 21 May, respectively, the registry
received the original Italian text and the French version - the official version
for the Court (Rule 27 par. 1) - of a memorial filed by the Government to
support certain of the documents which they had supplied (see paragraph 6
in fine above). On 12 May, the Secretary to the Commission transmitted to
the Registrar two notes by the applicant’s lawyer, dated 11 January and 29
April; the second note contained comments on the aforesaid memorial and
also referred back to the first note.
AS TO THE FACTS
I. PARTICULAR FACTS OF THE CASE
A. The criminal proceedings taken against Mr. Guzzardi
9. Mr. Guzzardi, an Italian citizen born in 1942, had left Palermo (Sicily)
in 1966 to take up residence in Vigevano (in the province of Pavia). He was
arrested on 8 February 1973, placed in detention on remand in Milan and