GUZZARDI v. ITALY JUDGMENT
9
dangerous. However, those exigencies necessitated neither separating those
concerned from their families nor depriving them of regular employment.
Accordingly, the Regional Court, whilst rejecting both applications, directed
that the text of its decision be communicated to the Minister of the Interior
and to the Sassari questore.
21. On 21 July 1976, the Milan questore requested the Milan Regional
Court to order Mr. Guzzardi’s transfer to the district of Force, in the
province of Ascoli Piceno, on the Italian mainland. The reason advanced
was that the simultaneous presence on Asinara of the applicant and of his
co-accused (coimputato), Ignazio Pullarà, who was also in the process of
"serving" (scontare) a compulsory residence measure, might have
unfortunate repercussions on the ensuing stages of the criminal proceedings
and, above all, on security on the island.
The Regional Court (vacation Chamber) gave a decision to that effect,
and for the same reasons, on the following day; it specified that the
remainder of its decision of 30 January 1975 (see paragraph 12 above) was
to continue in force.
22. Mr. Guzzardi had to remain at Force until 8 February 1978, on which
date the three-year period fixed by the last-mentioned decision expired.
C. The applicant’s stay on the island of Asinara
1. Description of the locality
23. Asinara lies off the north-west tip of Sardinia. The island, which is
long and narrow with a rugged terrain, measures about 20 km. at its greatest
length. Whilst the island as a whole covers 50 sq. km., the area reserved for
persons in compulsory residence represented a fraction of not more than 2.5
sq. km. This area was bordered by the sea, roads and a cemetery; there was
no fence to mark out the perimeter. About nine-tenths of the island was
occupied by a prison.
24. Administratively, the island forms an integral part of the district of
Porto Torres, a small Sardinian coastal town one hour away by boat. The
southernmost point of the island can also be reached in fifteen minutes if
one embarks at Stintino, to the north of Porto Torres. Sea communications
are interrupted during very bad weather.
25. The principal settlement on the island, Cala d’Oliva, houses nearly all
of the island’s permanent population - approximately two hundred people;
this population comprises the prison staff and their families, schoolteachers,
a priest, the post office employees and a few tradesmen.
The persons in compulsory residence were lodged in the hamlet of Cala
Reale which consists mainly of a former medical establishment and certain
other buildings including a school, a chapel and a carabinieri station where
the applicant had to report twice a day (see paragraph 12 above).