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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