4
GUZZARDI v. ITALY JUDGMENT
then charged with conspiracy and being an accomplice to the abduction on
18 December 1972 of a businessman; the latter had been freed by his
kidnappers on 7 February 1973 after payment of a substantial ransom.
The applicant was acquitted on 13 November 1976 by the Milan
Regional Court (Tribunale di Milano) for lack of sufficient evidence, but
convicted on 19 December 1979 by the Milan Court of Appeal which
sentenced him to eighteen years’ imprisonment and a fine.
The criminal proceedings in question are not in issue, at least not in
direct issue, in the present case.
10. Under Article 272 (first paragraph, item 2) of the Italian Code of
Criminal Procedure, the applicant’s detention on remand – during which he
married his fiancée by whom he shortly afterwards had a son - could not
continue for more than two years; it thus had to terminate on 8 February
1975 at the latest.
11. On that date, Mr. Guzzardi was removed from Milan gaol and taken
under police escort to the island of Asinara, which lies off Sardinia.
B. The measure of "special supervision" applied to the applicant
12. On 23 December 1974, the Milan Chief of Police (questore) had in
fact sent to the Milan State prosecutor (procuratore della Repubblica) a
report recommending that Mr. Guzzardi be subjected to the measure of
"special supervision" provided for in section 3 of Act no. 1423 of 27
December 1956 ("the 1956 Act" - see paragraphs 45-51 below) and section
2 of Act no. 575 of 31 May 1965 ("the 1965 Act" - see paragraph 52 below).
The report referred to indications that although the applicant claimed to be
working in the building trade, he was actually engaged in illegal activities
and belonged to a band (cosca) of mafiosi; it listed four convictions
pronounced against him in 1965, 1967, 1969 and 1972 and described him as
"one of the most dangerous" of individuals.
Following an application made in accordance with this recommendation
by the State prosecutor on 14 January 1975, the Milan Regional Court (2nd
Criminal Chamber) directed on 30 January that Mr. Guzzardi be placed
under special supervision for three years, the measure to be combined with
the obligation to reside "in the district (comune) of the island of Asinara", a
locality that had been designated by the Ministry of the Interior. In its
decision the Court further directed that the applicant should:
- start looking for work within a month, establish his residence in the
prescribed locality, inform the supervisory authorities immediately of his
address and not leave the place fixed without first notifying them;
- report to the supervisory authorities twice a day and whenever called
upon to do so;
- lead an honest and law-abiding life and not give cause for suspicion;