GUZZARDI v. ITALY JUDGMENT
31
housed in part of the hamlet of Cala Reale which consisted mainly of the
buildings of a former medical establishment which were in a state of
disrepair or even dilapidation, a carabinieri station, a school and a chapel.
He lived there principally in the company of other persons subjected to the
same measure and of policemen. The permanent population of Asinara
resided almost entirely at Cala d’Oliva, which Mr. Guzzardi could not visit,
and would appear to have made hardly any use of its right to go to Cala
Reale. Consequently, there were few opportunities for social contacts
available to the applicant other than with his near family, his fellow
"residents" and the supervisory staff. Supervision was carried out strictly
and on an almost constant basis. Thus, Mr. Guzzardi was not able to leave
his dwelling between 10 p.m. and 7 a.m. without giving prior notification to
the authorities in due time. He had to report to the authorities twice a day
and inform them of the name and number of his correspondent whenever he
wished to use the telephone. He needed the consent of the authorities for
each of his trips to Sardinia or the mainland, trips which were rare and,
understandably, made under the strict supervision of the carabinieri. He was
liable to punishment by "arrest" if he failed to comply with any of his
obligations. Finally, more than sixteen months elapsed between his arrival
at Cala Reale and his departure for Force (see paragraphs 11, 12, 21, 23-42
and 51 above).
It is admittedly not possible to speak of "deprivation of liberty" on the
strength of any one of these factors taken individually, but cumulatively and
in combination they certainly raise an issue of categorisation from the
viewpoint of Article 5 (art. 5). In certain respects the treatment complained
of resembles detention in an "open prison" or committal to a disciplinary
unit (see the above-mentioned Engel and others judgment, p. 26, par. 64).
On 20 January 1976, the Milan Regional Court had let it be understood that
it did not regard that treatment as satisfactory. The administrative authorities
also had some misgivings for they investigated the possibility of taking
remedial measures; since they did not pursue the matter in the face of the
expense involved and the time needed, the Ministry of the Interior decided
in August 1977 to strike Asinara out of the list of places for compulsory
residence (see paragraphs 20 and 43 above). Two telegrams from the
Ministry to the Milan Chief of Police, dated 19 and 23 August 1977 and
concerning one Alberti Gerlando, establish that this decision was not
unconnected with application no 7367/76 even though Mr. Guzzardi had
already left Cala Reale; the Government appended these telegrams to their
memorial of May 1980. Several items of the documentary evidence filed
thus show that the island was not suitable for a normal application of the
1956 and 1965 Acts. This was eventually recognised by the Italian State.
The Court considers on balance that the present case is to be regarded as
one involving deprivation of liberty.