56 GUZZARDI v. ITALY JUDGMENT JOINT DISSENTING OPINION OF JUDGES TEITGEN AND GARCIA DE ENTERRIA paragraph 3 of the same Article (art. 5-3), could have continued throughout the "reasonable time" required for the conclusion of the proceedings instituted against him, that is to say for probably more than two years in view of the serious difficulties encountered in the case of proceedings directed against the mafia. Nevertheless, after two years and pursuant not to the Convention but to Article 272 of the Italian Code of Criminal Procedure, the judicial authorities had been obliged to terminate Guzzardi’s imprisonment; at that point, however, they had subjected him to an order for compulsory residence on Asinara, pursuant to the 1956 and 1965 Acts. Of course, whilst he was on the island he remained charged with a crime for which he was, in fact, subsequently sentenced to eighteen years’ imprisonment. Accordingly, the concrete question which the Court had to determine was the following: Have the judicial authorities, which could have held Guzzardi in a remand prison for more than two years without violating the Convention, violated it by substituting for his imprisonment his compulsory residence on Asinara in the living conditions to which he was subjected there? It seems to us that a negative reply was called for. In fact, the judgment does not expressly state the contrary, but it asserts, by reference to the system of the "double barrier", that the factual conditions of detention on Asinara violated the provisions of the Italian Acts of 1956 and 1965 and thereby indirectly violated the Convention, since Article 5 (art. 5) authorises detention only if in the first place it is lawful under domestic law. However, if it was a question of interpreting, and of reviewing the application of, the Italian legislation, could the Milan Court of Appeal’s judgment of 12 March 1975 and the Court of Cassation’s judgment of 6 October 1975 be disregarded? These were judgments on appeals lodged by Guzzardi and in turn they held that the living conditions to which he was subjected on Asinara did not constitute a violation of Italian law. It appears to us that it was not appropriate to set against these judgments nothing more than bare assertions. In the absence of more persuasive reasons, we consider, on the assumption that Guzzardi was actually "deprived" of his liberty on Asinara, that such deprivation of liberty should have been regarded as authorised, in the present case, by sub-paragraph (c) of paragraph 1 of Article 5 (art. 5-1c) of the Convention.