42 GUZZARDI v. ITALY JUDGMENT DISSENTING OPINION OF THE PRESIDENT, Mr. BALLADORE PALLIERI involving detention, but on the fourth paragraph which stipulates: "The infliction of any physical or mental violence on persons subjected to any form of restriction on their liberty shall be a punishable offence." Besides, confirmation that the applicant never had it in mind to complain of limitation of his liberty, within the meaning of the first two paragraphs of Article 13 of the Italian Constitution and Article 5 (art. 5) of our Convention, is to be found in the fact that he did not rely on Article 5 (art. 5) in his application to the Commission and that a complaint by him to that effect had to be entirely constructed by the Commission of its own motion. Even if one were to accept the possibility of the new criterion of interpretation referred to by the Court, namely the "flexible" interpretation, I do not see how it could be applied to that fundamental right of the State which is safeguarded by prior exhaustion of domestic remedies. In any event, the interpretation should have been effected on the basis of objective data and not of a mere hunt for intentions. Finally, account should be taken of the fact that when Mr. Guzzardi made two further applications to the Milan Regional Court on 14 November 1975 - applications that did actually concern the issue raised before us - he obtained a transfer elsewhere and the camp on Asinara was eventually closed. Had the matter been pleaded in the proper terms, the domestic remedy would thus have resulted in a finding in favour of the applicant and there would have been no call to institute proceedings before the international institutions.