16 GUZZARDI v. ITALY JUDGMENT B. The 1965 Act 52. The 1965 Act completes this panoply of legal texts with provisions directed against the mafia (disposizioni contro la mafia). According to section 1, the Act is applicable to persons - such as Mr. Guzzardi - whom there are strong reasons to suspect of belonging to mafia-type associations (indiziati di appartenere ad associazioni mafiose). State prosecutors may propose that the preventive measures described above be taken against such persons, even if no prior warning has been given; the decision rests with the courts (section 2). Under section 5, wrongfully leaving the district of compulsory residence is punishable by "arrest" of six months to two years. PROCEEDINGS BEFORE THE COMMISSION 53. In his application of 17 November 1975 and 30 January 1976 to the Commission (no. 7367/76), Mr. Guzzardi complained of "the arbitrary action of the Italian authorities" who were compelling him to reside not within a district but rather on a "scrap of land" (pezzo di terra) where he was unable to work, keep his family permanently with him, practise the Catholic religion or ensure his son’s education; he described his situation at Cala Reale as "the most barbarous imprisonment, the most degrading and pernicious incarceration". He referred to Articles 3, 8 and 9 (art. 3, art. 8, art. 9) of the Convention and to Article 2 of Protocol No. 1 (P1-2) and alleged breach of "the personal and family right" (del diritto individuale e familiare), "the right to religion" and "the right to a proper administration of justice". 54. In may 1976, when giving the notice provided for in Rule 42 par. 2 (b) of its Rules of Procedure, the Commission invited the Government to present, amongst other matters, observations on the applicability of Articles 5 and 6 (art. 5, art. 6) of the Convention. Subsequently, Mr. Guzzardi also placed express reliance on these two Articles (art. 5, art. 6). 55. On 1 March 1977, the Commission declared the complaint under Article 2 of Protocol No. 1 (P1-2) inadmissible as being manifestly illfounded. It accepted the remainder of the application after dismissing pleas of non-exhaustion of domestic remedies raised by the Government. In its report of 7 December 1978, the Commission expressed the opinion that there had occurred a failure to observe the requirements of Article 5 par. 1 (art. 5-1) of the Convention (unanimous) but not of Articles 3 (art. 3) (unanimous), 8 (art. 8) (eleven votes to none, with one abstention) and 9 (art. 9) (unanimous), and that the impugned proceedings fell outside the ambit of Article 6 (art. 6) (unanimous). 56. On 4 April 1977, Mr. Guzzardi lodged a second application (no. 7960/77) concerning, this time, his living conditions at Force (see