8
GUZZARDI v. ITALY JUDGMENT
As regards the first ground of appeal, the Court of Cassation pointed out
that its settled case-law established that under certain conditions, which
were satisfied in the present case, an order for compulsory residence could
refer to a given locality within a district. Likewise, the "curtailment" of, and
the "undoubted limitations" on, "various rights of the individual concerned"
stemmed directly from the application of measures which had on numerous
occasions been recognised to be in conformity with the Constitution, for
example in a judgment delivered by the Constitutional Court on 15 June
1972.
As regards the second ground, the Court of Cassation held that in the
particular circumstances the Court of Appeal had been right in turning down
the argument concerning Mr. Guzzardi’s state of health.
As regards the third ground, the Court of Cassation perceived no
contradiction since the intended object was to remove the applicant from
Milan and to separate him from the members of the mafia who carried on
their activities there without hindrance.
The Court also declared the question of constitutionality raised by the
applicant to be manifestly ill-founded. There again, the public prosecutor
had cited the above-mentioned judgment of 15 June 1972; he had in
addition referred to the administrative nature of the decision designating the
locality (natura amministrativa della determinazione del luogo).
20. On 14 November 1975, Mr. Catalano made two applications to the
Milan Regional Court.
The first application was addressed to the President of the 2nd Criminal
Chamber in his capacity of judge supervising the execution of sentences
(giudice di sorveglianza). It requested him to cancel (abolire) the
compulsory residence order, maintaining that if the President, or someone
designated by him for the purpose, were to visit Asinara, he would be left in
no doubt that the obligation to live there was contrary to the law, the
legislation, justice and individual human rights.
The second application invited the 2nd Chamber to substitute for Asinara
a district where Mr. Guzzardi could work, not come into contact with
suspects (indiziati) and live with his wife and son who had been obliged to
leave the island since their permit to reside there had expired.
The lawyer referred to an Order of 27 October 1975 concerning an
appeal by one Ignazio Pullarà; the Milan Court of Appeal had stated therein
that it was for the judge supervising the execution of sentence to make an
appraisal of living conditions on Asinara.
The 2nd Criminal Chamber gave its decision on 20 January 1976. First of
all, it affirmed that the implementation of preventive measures was a matter
within the competence of the police authorities (pubblica sicurezza) and not
of the judge supervising the execution of sentences. It added that exigencies
of the protection of society justified the special form of isolation undergone
by those sent to Asinara, namely individuals who were extremely