GUZZARDI v. ITALY JUDGMENT 39 proceedings pending in Strasbourg (see paragraph 95 above). On the other hand, Mr. Guzzardi had to bear certain costs in connection with the submission of his complaints to the Italian courts and to the Commission, especially as he did not have the benefit of free legal aid before the latter. Having regard to all the circumstances of the case, the Court affords the applicant under Article 50 (art. 50) a sum of one million (1,000,000) Lire. FOR THESE REASONS, THE COURT 1. Rejects by sixteen votes to two the plea based by the Government on the ex officio examination of the case under Articles 5 and 6 (art. 5, art. 6); 2. Rejects by ten votes to eight the Government’s objection that domestic remedies have not been exhausted; 3. Rejects by fifteen votes to three the Government’s plea as to the disappearance of the object of the proceedings; 4. Holds by eleven votes to seven that there was in the instant case deprivation of liberty within the meaning of Article 5 (art. 5) of the Convention; 5. Holds unanimously that the said deprivation of liberty was not justified under sub-paragraph (e) of Article 5 par. 1 (art. 5-1-e) or under subparagraph (b) (art. 5-1-b); 6. Holds by sixteen votes to two that the said deprivation of liberty was also not justified under sub-paragraph (a) (art. 5-1-a); 7. Holds by twelve votes to six that the said deprivation of liberty was not justified under sub-paragraph (c) (art. 5-1-c) either; 8. Holds, to sum up, by ten votes to eight, that from 8 February 1975 to 22 July 1976 the applicant was the victim of a breach of Article 5 par. 1 (art. 5-1); 9. Holds unanimously that in the instant case there was no breach of Articles 3, 6 or 9 (art. 3, art. 6, art. 9); 10. Holds by seventeen votes to one that there was also no breach of Article 8 (art. 8);