2
GUZZARDI v. ITALY JUDGMENT
registry on 8 March 1979, within the period of three months laid down by
Articles 32 par. 1 and 47 (art. 32-1, art. 47). The request referred to Articles
44 and 48 (art. 44, art. 48) and to the declaration made by the Italian
Republic recognising the compulsory jurisdiction of the Court (Article 46)
(art. 46). The purpose of the Commission’s request is to obtain a decision
from the Court as to whether or not the facts of the case disclose a breach by
the respondent State of its obligations under Article 5 par. 1 (art. 5-1) of the
Convention and, to a lesser extent, under Articles 3, 6, 8 and 9 (art. 3, art. 6,
art. 8, art. 9).
3. The Chamber of seven judges to be constituted included, as ex officio
members, Mr. G. Balladore Pallieri, the elected judge of Italian nationality
(Article 43 of the Convention) (art. 43), and Mr. G. Wiarda, the VicePresident of the Court (Rule 21 par. 3 (b) of the Rules of Court). On 30
March 1979, the Vice-President drew by lot, at the request of the President
and in the presence of the Registrar, the names of the five other members,
namely Sir Gerald Fitzmaurice, Mrs. D. Bindschedler-Robert, Mr. P.-H.
Teitgen, Mr. G. Lagergren and Mr. E. García de EnterrÍa (Article 43 in fine
of the Convention and Rule 21 par. 4) (art. 43).
4. Mr. Wiarda assumed the office of President of the Chamber (Rule 21
par. 5). At a meeting held on 18 May 1979, he ascertained the views of the
Agent of the Italian Government ("the Government") and the Delegates of
the Commission regarding the procedure to be followed. Immediately
thereafter, he decided that the Government should have until 7 November to
file a memorial and that the Delegates should be entitled to file a memorial
in reply within two months from the date of the transmission of the
Government’s memorial to them by the Registrar. On 7 November, the
President extended the first of these time-limits until 13 December,
following requests sent by the Government to the Registrar on 23 October
and then, in different terms, on 5 November; he reduced the second timelimit to five weeks.
The Government’s memorial was received at the registry on 13
December 1979. On 17 December, the Secretary to the Commission advised
the Registrar that the Delegates would present their observations at the
hearings.
5. After consulting, through the Registrar, the Agent of the Government
and the Delegates of the Commission, the President directed on 18
December that the oral hearings should open on 29 January 1980.
On 11 January, the President instructed the Registrar to obtain from the
Commission a certain number of documents. They were produced on 15 and
23 January.
6. The oral hearings were held in public at the Human Rights Building,
Strasbourg, on 29 January. Immediately before their opening, the Chamber
had held a short preparatory meeting; it had authorised the representative of
the Government to use the Italian language (Rule 27 par. 2).