20 GUZZARDI v. ITALY JUDGMENT par. 160), a characterisation in law different from that given to them by the applicant. Seen in an overall context, the material submitted to the Commission and the Court clearly shows that the present case raises an issue under Article 5 (art. 5). B. The objection of non-exhaustion of domestic remedies 64. The Government further pleaded that the applicant did not exhaust his domestic remedies. Their preliminary objection was based on Article 26 (art. 26) of the Convention and was divided into two branches. 65. The first branch, which related to the 1975 proceedings that terminated in the Court of Cassation (see paragraphs 12 to 19 above), may be summarised as follows. Never at any relevant moment had Mr. Guzzardi invoked, even in substance, the right embodied in Article 5 (art. 5) of the Convention. He had in no way claimed to be deprived, in practice, of his liberty at Cala Reale; the Commission had erred in affirming the contrary when it ruled on the admissibility of his complaints. Furthermore, the procedure laid down by section 4 of the 1956 Act was concerned solely with the lawfulness of the compulsory residence order, whereas the settling of the arrangements for implementing the order was a matter for discretionary administrative decisions and hence fell outside the jurisdiction of the courts. This was so, for example, as regards the designation of the district where the person was to reside: the court merely "took formal notice" of the place "specified" by the administrative authority and, subject where necessary to a review of lawfulness, "recorded" the latter’s choice. This, so the Government maintained, was precisely what occurred in the present case. 66. The second branch of the objection concerned the transfer request made on 14 November 1975 (see paragraph 20 above) and was formulated in the following way. Although admittedly directed towards eliminating the violation complained of, the transfer request was still pending when, barely three days after making it, Mr. Guzzardi applied to the Commission. In addition, the request was addressed to another authority lacking jurisdiction, namely the Milan Regional Court: in fact it declared itself to be without jurisdiction on 20 January 1976 whilst at the same time directing that the text of its decision be communicated to the Minister of the Interior and the Sassari Chief of Police. With regard to his living conditions on the island, in particular the limited space available, Mr. Guzzardi had not exercised any remedy either before the competent administrative authorities or, in the event of his representations being rejected, before a court - whether ordinary or administrative - in pursuance of Article 113 of the Constitution. 67. The Court will take cognisance of preliminary pleas of this kind insofar as the respondent State may have first raised them before the Commission, in principle at the stage of the initial examination of