22
GUZZARDI v. ITALY JUDGMENT
70. In their memorial of 8 February 1978 to the Commission (at pp. 19,
20, 21 and 24), the Government acknowledged that, in regard to the manner
of implementation of the contested measure, the applicant had in substance
claimed before the courts of his own country the rights guaranteed by
Articles 3, 6, 8 and 9 (art. 3, art. 6, art. 8, art. 9) of the Convention.
Consequently, the question whether the first branch of the preliminary
objection is substantiated concerns solely the alleged breach of Article 5
(art. 5) (see the above-mentioned De Wilde, Ooms and Versyp judgment, p.
31, par. 55).
71. In January 1975, at the outset of the procedure ordering compulsory
residence, the applicant could not yet claim that he was deprived of his
liberty by reason of the 1956 and 1965 Acts; for he was still in detention on
remand in connection with criminal investigations being carried out in his
respect, he did not know whether the Milan Regional Court would approve
the State prosecutor’s proposal and he had no personal experience of the
fate of individuals sent to Cala Reale (see paragraphs 9, 10 and 12 above).
On the other hand, as soon as he had arrived on Asinara, he did complain
to the Court of Appeal of his situation on that island which, according to
him, was not suitable for a proper application of the 1956 and 1965 Acts.
He asserted that he was physically and psychologically a prisoner on
Asinara and was vegetating there in conditions worse than those of his
detention on remand. He even described Cala Reale as a "veritable
concentration camp". He requested that an investigation be carried out on
the spot and invited the Court of Appeal to quash in its entirety the first
instance decision of 30 January 1975; in the alternative to limit it to special
supervision without an order for compulsory residence; in the further
alternative, to direct that he be transferred to a district in Northern Italy (see
paragraphs 13 and 16 above).
The Court of Appeal dismissed the appeal on 12 March 1975. It found no
good reason for regarding Asinara as an unsuitable locality for compulsory
residence. It emphasised that the contested measure was designed to
separate Mr. Guzzardi from his milieu and render his contacts with it more
difficult. This requirement took precedence over other problems.
Supervision of an individual as dangerous as the applicant was sufficiently
important to justify the curtailment of other individual legal interests taken
into account by the law (see paragraph 17 above).
Mr. Guzzardi then appealed to the Court of Cassation. In his memorial of
3 April 1975 (see paragraph 18 above), he asked that Court, inter alia, to
hold, if need be after referring the matter to the Constitutional Court, that
section 3 of the 1956 Act and in any event the Constitution did not permit
compulsory residence to be ordered on any scrap of land, regardless of its
area, such as Asinara. The appeal was dismissed on 6 October 1975.