GUZZARDI v. ITALY JUDGMENT DISSENTING OPINION OF JUDGE CREMONA 45 DISSENTING OPINION OF JUDGE CREMONA With respect, I find myself in disagreement with the majority of the Court on the question of the exhaustion of domestic remedies in terms of Article 26 (art. 26) of the Convention. This question can only be decided on the basis of the object and "cause" of the complaint or complaints before the domestic court or courts, and in deciding it I agree that express mention of the Article of the Convention alleged to have been violated is not indispensable so long as conduct contrary to it is actually set forth and complained of, which is after all what is really meant by raising the issue of a violation "in substance". But in the present case it emerges that, with reference to his situation on Asinara, the applicant was essentially not complaining of conduct on the part of the State amounting to deprivation of liberty contrary even in substance to Article 5 (art. 5) to the Convention (which I consider to be the only relevant Article of the Convention in this case) or the comparable provisions (Article 13, paragraphs 1 and 2) of the Italian Constitution, but of certain conditions of his compulsory residence there, which might conceivably fall under other provisions of the Convention. Rather than questioning the lawfulness of his detention on Asinara, the applicant questioned the lawfulness of the application of the Italian Act of 1956 to that particular locality and, as already stated, the conditions in which he was forced to live there. In this connection and without prejudice to what has been stated above concerning the non-indispensability of an express mention ut sic of the Article of the Convention alleged to have been violated, it is interesting to note that the Convention was in fact mentioned by other than that falling under Article 5 (art. 5) of the Convention, and the same applies also to the comparable provisions of the Italian Constitution. Lastly, there is hardly any need to recall that in international law the local remedies rule is in fact based on the principle that the respondent State must in the first place have an opportunity to redress by its own means within the framework of its own domestic legal system the wrong alleged to have been done to the complainant. In the present case, in the light of the above and to the extent aforesaid, that is to say, with reference to Article 5 (art. 5) of the Convention, the applicant did not afford the Italian State such an opportunity, with the consequence that in this respect the whole purpose of the rule was frustrated.