22 GUZZARDI v. ITALY JUDGMENT 70. In their memorial of 8 February 1978 to the Commission (at pp. 19, 20, 21 and 24), the Government acknowledged that, in regard to the manner of implementation of the contested measure, the applicant had in substance claimed before the courts of his own country the rights guaranteed by Articles 3, 6, 8 and 9 (art. 3, art. 6, art. 8, art. 9) of the Convention. Consequently, the question whether the first branch of the preliminary objection is substantiated concerns solely the alleged breach of Article 5 (art. 5) (see the above-mentioned De Wilde, Ooms and Versyp judgment, p. 31, par. 55). 71. In January 1975, at the outset of the procedure ordering compulsory residence, the applicant could not yet claim that he was deprived of his liberty by reason of the 1956 and 1965 Acts; for he was still in detention on remand in connection with criminal investigations being carried out in his respect, he did not know whether the Milan Regional Court would approve the State prosecutor’s proposal and he had no personal experience of the fate of individuals sent to Cala Reale (see paragraphs 9, 10 and 12 above). On the other hand, as soon as he had arrived on Asinara, he did complain to the Court of Appeal of his situation on that island which, according to him, was not suitable for a proper application of the 1956 and 1965 Acts. He asserted that he was physically and psychologically a prisoner on Asinara and was vegetating there in conditions worse than those of his detention on remand. He even described Cala Reale as a "veritable concentration camp". He requested that an investigation be carried out on the spot and invited the Court of Appeal to quash in its entirety the first instance decision of 30 January 1975; in the alternative to limit it to special supervision without an order for compulsory residence; in the further alternative, to direct that he be transferred to a district in Northern Italy (see paragraphs 13 and 16 above). The Court of Appeal dismissed the appeal on 12 March 1975. It found no good reason for regarding Asinara as an unsuitable locality for compulsory residence. It emphasised that the contested measure was designed to separate Mr. Guzzardi from his milieu and render his contacts with it more difficult. This requirement took precedence over other problems. Supervision of an individual as dangerous as the applicant was sufficiently important to justify the curtailment of other individual legal interests taken into account by the law (see paragraph 17 above). Mr. Guzzardi then appealed to the Court of Cassation. In his memorial of 3 April 1975 (see paragraph 18 above), he asked that Court, inter alia, to hold, if need be after referring the matter to the Constitutional Court, that section 3 of the 1956 Act and in any event the Constitution did not permit compulsory residence to be ordered on any scrap of land, regardless of its area, such as Asinara. The appeal was dismissed on 6 October 1975.

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