GUZZARDI v. ITALY JUDGMENT DISSENTING OPINION OF JUDGE PINHEIRO FARINHA 61 DISSENTING OPINION OF JUDGE PINHEIRO FARINHA (Translation) 1. Mr. Guzzardi obtained satisfaction, before the Commission adopted its report, by being transferred to the mainland. The Ministry of the Interior decided in August 1977 to strike the island of Asinara out of the list of places for compulsory residence. The Commission’s report is dated 7 December 1978. I consider that the case should be struck out of the list (disappearance of the object of the proceedings). 2. In my view, Mr. Guzzardi was not deprived of his liberty; his liberty was simply restricted (on this point I agree with paragraphs 2 and 3 of Judge Matscher’s opinion). 3. There being no violation, the applicant should not be afforded any sum under Article 50 (art. 50).

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