GUZZARDI v. ITALY JUDGMENT 17 paragraphs 21 and 22 above). The Commission did not join it to the first application (Rule 29 of the Rules of Procedure) but declared it inadmissible on 5 October 1977. The Commission found, inter alia, that there had not been deprivation of liberty within the meaning of Article 5 (art. 5) of the Convention but solely restrictions on liberty of movement and freedom to choose one’s residence, these being rights guaranteed by Article 2 of Protocol No. 4 (P4-2) which Italy had not ratified. FINAL SUBMISSIONS MADE TO THE COURT 57. In their second memorial (see paragraph 8 above), the Government maintained the submissions set out in their first memorial (see paragraph 4 above), whereby they had requested the Court "- to declare inadmissible the issue raised by the Commission (namely whether the applicant, Mr. Guzzardi, was deprived of his liberty by being ordered to reside compulsorily on the island of Asinara), on the ground that the person concerned failed to raise that issue on his own initiative, as is required by Article 25 (art. 25) of the Convention, and on the further ground that domestic remedies have not been previously exhausted, as is required by Article 26 (art. 26) of the Convention; - to declare that the object of the proceedings has disappeared, with the result that it will serve no purpose to rule on the Commission’s request; - to declare that the placing of Mr. Guzzardi in compulsory residence constituted neither arrest or detention nor, in any event, deprivation of liberty but a restriction on freedom of movement, lying outside the scope of Article 5 (art. 5) of the Convention; - to declare that in any event the preventive measure applied to Mr. Guzzardi is justified by sub-paragraph (e) of Article 5 par. 1 (art. 5-1-e) of the Convention." AS TO THE LAW I. THE GOVERNMENTS PRELIMINARY PLEAS A. The plea concerning the ex officio examination of the case under Article 5 (art. 5) (and Article 6) (art. 6)