38 GUZZARDI v. ITALY JUDGMENT 6. Conclusion 111. The conclusions thus reached by the Court on Articles 3, 6, 8 and 9 (art. 3, art. 6, art. 8, art. 9) dispense it from reopening the hearings in order to provide the Government with an opportunity of amplifying the arguments they had advanced on these issues before the Commission (see paragraphs 74 and 76-78 of the report). D. On the application of Article 50 (art. 50) 112. At the hearings of 29 January 1980, the Delegates had reserved their position on the application of Article 50 (art. 50) since the applicant, who was not present, had not been able to supply them with the requisite details. On the Delegates’ instructions, the Secretary to the Commission forwarded to the Registrar on 12 May two notes from Mr. Catalano, dated 11 January and 29 April. They indicated that Mr. Catalano claimed on his client’s behalf "compensation for the prejudice suffered", "of an amount to be determined equitably". The Government, for their part, formulated certain observations on this point (see paragraph 6.3 of the memorial of December 1979 and the oral pleadings of 29 January 1980). 113. The Court considers the question to be ready for decision and recalls that the rule of exhaustion of domestic remedies is not applicable in the context of Article 50 (art. 50) (see the De Wilde, Ooms and Versyp judgment of 10 March 1972, Series A no. 14, pp. 7-9, par. 15-16). Furthermore, Italian "internal law ... allows only partial reparation to be made for the consequences" of the violation found in the present case : complete reparation (restitutio in integrum) is prevented by the intrinsic nature of a wrong that consists of a deprivation of liberty contrary to Article 5 par. 1 (art. 5-1) (see, mutatis mutandis, the last-mentioned judgment, pp. 9-10, par. 20, and the König judgment of 10 March 1980, Series A no. 36, pp. 14-15, par. 15). 114. On the other hand, as is borne out by the adjective "just" and the phrase "if necessary", the Court enjoys a certain discretion in the exercise of the power conferred by Article 50 (art. 50). Mr. Guzzardi has furnished no particulars and no prima facie evidence of the nature and scope of his alleged damage; in effect, he leaves the matter to the Court’s discretion. Above all, his enforced stay at Cala Reale was markedly different from detention of the classic kind and involved far less serious hardships. What is more, in July 1976 - even before the Commission had accepted the application - the Milan Regional Court brought that stay to an and by ordering Mr. Guzzardi’s transfer to the mainland; in August 1977, that is without awaiting the adoption of the report (7 December 1978), the Ministry of the Interior deleted Asinara from the list of districts used for compulsory residence, a decision which was apparently influenced by the

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