GUZZARDI v. ITALY JUDGMENT
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- not associate with persons convicted of criminal offences and subjected
to preventive or security measures;
- not return to his residence later than 10 p.m. and not go out before 7
a.m., except in case of necessity and after having given notice in due time to
supervisory authorities;
- not keep or carry any arms;
- not frequent bars or night-clubs and not take part in public meetings;
- inform the supervisory authorities in advance of the telephone number
and name of the person telephoned or telephoning each time he wished to
make or receive a long-distance call.
13. Mr. Guzzardi appealed to the Milan Court of Appeal; his appeal had
no suspensive effect (section 4, sixth paragraph, of the 1956 Act) and so did
not prevent the contested decision from being put into effect.
In a memorial of 10 February 1975, his lawyer, Mr. Catalano, challenged
the decision on a number of grounds, alleging that it was invalid and
unjustified. He submitted, in particular, that on Asinara his client could
neither find employment nor live together with his wife and child; there was
thus an inconsistency between the reasoning and the operative provisions of
the decision of 30 January. In addition, the decision referred to a nonexistent district since in point of fact the island was no more than a subdivision of the district of Porto Torres (Sardinia). Mr. Catalano requested
the Court of Appeal, in the first place, to quash the decision in its entirety;
in the alternative, to limit it to special supervision without an order for
compulsory residence; in the further alternative, to designate a district in
Northern Italy where the applicant might find work, live with his family,
meet with his lawyer in order to prepare his defence in the criminal
proceedings and attend, as and when necessary, an urological clinic to
receive the treatment required by his state of health.
14. On 12 February, the Court of Appeal (1st Criminal Chamber), by
way of a preliminary ruling on submissions to the same effect by the public
prosecutor, ordered that Mr. Guzzardi be transferred to the urological clinic
of Sassari hospital (Sardinia); it also instructed its registry to seek
information from the carabinieri in Sassari on the possibility of finding
accommodation for three people and work on the island of Asinara.
However, on 14 February the prosecuting authorities requested the Court
of Appeal to revoke or suspend the aforesaid order. They pointed out that
during his detention on remand Mr. Guzzardi had refused to submit to
analyses in the University of Milan urological clinic; that experts considered
that he was probably not suffering from any serious illness; that his covert
intention was to use hospitalisation as a means of escape; that section 3 of
the 1956 Act did not prohibit an order for compulsory residence in a given
locality within a district; that the Court of Cassation had so held in two
judgments, one of which concerned precisely the island of Asinara, which
was, besides, "potentially" one of the best places in Italy for tourism.