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GUZZARDI v. ITALY JUDGMENT
DISSENTING OPINION OF JUDGE ZEKIA
In that case we have to examine whether the restrictions were necessary
for the prevention of crime as provided by paragraph 2 of the Article (art. 82) in question.
If we find the curtailment of his rights under Article 8 (art. 8) to be
necessary, the next question which arises is whether the steps taken and the
conditions imposed did or did not exceed the bounds of necessity. Anyone
reading Article 8 together with Article 17 (art. 17+8), which refers to
limitations on the rights set forth in the Convention, would entertain no
doubt as to the correctness of the above approach.
In the circumstances of this case, and taking into account all its aspects
and the nature and extent of the restrictions imposed, I find that such
restrictions exceeded the bounds of necessity and that the Government have
committed a breach of Article 8 (art. 8).