GUZZARDI v. ITALY JUDGMENT
33
illegal activities, his contacts with habitual criminals and still more his links
with the mafia. The Chief of Police even said that no state of poverty,
idleness or vagrancy furnished an explanation for this criminal conduct
("manifestazioni criminose che non hanno una causa giustificativa in uno
stato di indigenza ovvero di ozio o di vagabondaggio").
Besides, the applicant’s way of life at the time, as disclosed by the
documentary evidence filed, is in no way consonant with the ordinary
meaning of the word "vagrant", this being the meaning that has to be
utilised for Convention purposes (see the above mentioned De Wilde, Ooms
and Versyp judgment, p. 37, par. 68; cf., for the phrase "persons of unsound
mind", the above-mentioned Winterwerp judgment, p. 17, par. 38).
Although they denied it, the Government were in essence reasoning a
fortiori; at the hearing of 9 February 1978 before the Commission, their
Agent described Mr. Guzzardi as "a vagrant in the wide sense of the term",
"a monied vagrant" (see p. 61 of the verbatim record: "vagabondo nel senso
largo dell’espressione"; "vagabondo ricco"). However, the exceptions
permitted by Article 5 par. 1 (art. 5-1) call for a narrow interpretation (see
the above-mentioned Winterwerp judgment, p. 16, par. 37).
The Government’s argument is open to a further objection. In addition to
vagrants, sub-paragraph (e) (art. 5-1-e) refers to persons of unsound mind,
alcoholics and drug addicts. The reason why the Convention allows the
latter individuals, all of whom are socially maladjusted, to be deprived of
their liberty is not only that they have to be considered as occasionally
dangerous for public safety but also that their own interests may necessitate
their detention. One cannot therefore deduce from the fact that Article 5 (art.
5) authorises the detention of vagrants that the same or even stronger
reasons apply to anyone who may be regarded as still more dangerous.
(b) Other sub-paragraphs of Article 5 par. 1 (art. 5-1) (not pleaded by the
Government)
99. The Court has also examined the matter under the other subparagraphs of Article 5 par. 1 (art. 5-1), which were not pleaded by the
Government.
100. On a true analysis, the order for Mr. Guzzardi’s compulsory
residence was not a punishment for a specific offence but a preventive
measure taken on the strength of indications of a propensity to crime (see
paragraphs 9 and 12 above). According to the Commission, it must follow
from this that, for the purpose of sub-paragraph (a) (art. 5-1-a), the measure
did not constitute detention "after conviction by a competent court" (see
paragraph 102 of the report).
In the Court’s opinion, comparison of Article 5 par. 1 (a) (art. 5-1-a) with
Articles 6 par. 2 and 7 par. 1 (art. 6-2, art. 7-1) shows that for Convention
purposes there cannot be a "condamnation" (in the English text:
"conviction") unless it has been established in accordance with the law that