CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 6 novembre 1980

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font-size:6.67pt; vertical-align:super; color:#0069d6 }       COURT (PLENARY)             CASE OF GUZZARDI v. ITALY   (Application no. 7367/76)             JUDGMENT       STRASBOURG   6 November 1980   In the Guzzardi case, The European Court of Human Rights, taking its decision in plenary session in application of Rule 48 of the Rules of Court and composed of the following judges:   Mr.   G. WIARDA , President,   Mr.   G. BALLADORE PALLIERI ,   Mr.   M. ZEKIA ,   Mr.   J. CREMONA ,   Mr.   Thór VILHJÁLMSSON ,   Mr.   R. RYSSDAL ,   Mr.   W. GANSHOF VAN DER MEERSCH ,   Sir   Gerald FITZMAURICE ,   Mrs.   D. BINDSCHEDLER-ROBERT ,   Mr.   D. EVRIGENIS ,   Mr.   P.-H. TEITGEN ,   Mr.   G. LAGERGREN ,   Mr.   L. LIESCH ,   Mr.   F. GÖLCÜKLÜ ,   Mr.   F. MATSCHER ,   Mr.   J. PINHEIRO FARINHA ,   Mr.   E. GARCIA DE ENTERRIA ,   Mr.   B. WALSH , and also Mr. M.-A. EISSEN , Registrar , and Mr. H. PETZOLD , Deputy Registrar , Having deliberated in private on 28 and 29 April and on 1 and 2 October 1980, Delivers the following judgment, which was adopted on the last-mentioned date: PROCEDURE 1. The Guzzardi case was referred to the Court by the European Commission of Human Rights ("the Commission"). The case originated in an application against the Italian Republic lodged with the Commission on 17 November 1975 under Article 25 (art. 25) of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a national of that State, Mr. Michele Guzzardi, by means of a letter from his lawyer, Mr. Michele Catalano, to the Secretary-General of the Council of Europe. 2. The Commission’s request, to which was attached the report provided for under Article 31 (art. 31) of the Convention, was lodged with the registry on 8 March 1979, within the period of three months laid down by Articles 32 par. 1 and 47 (art. 32-1, art. 47). The request referred to Articles 44 and 48 (art. 44, art. 48) and to the declaration made by the Italian Republic recognising the compulsory jurisdiction of the Court (Article 46) (art. 46). The purpose of the Commission’s request is to obtain a decision from the Court as to whether or not the facts of the case disclose a breach by the respondent State of its obligations under Article 5 par. 1 (art. 5-1) of the Convention and, to a lesser extent, under Articles 3, 6, 8 and 9 (art. 3, art. 6, art. 8, art. 9). 3. The Chamber of seven judges to be constituted included, as ex officio members, Mr. G. Balladore Pallieri, the elected judge of Italian nationality (Article 43 of the Convention) (art. 43), and Mr. G. Wiarda, the Vice-President of the Court (Rule 21 par. 3 (b) of the Rules of Court). On 30 March 1979, the Vice-President drew by lot, at the request of the President and in the presence of the Registrar, the names of the five other members, namely Sir Gerald Fitzmaurice, Mrs. D. Bindschedler-Robert, Mr. P.-H. Teitgen, Mr. G. Lagergren and Mr. E. García de EnterrÍa (Article 43 in fine of the Convention and Rule 21 par. 4) (art. 43). 4. Mr. Wiarda assumed the office of President of the Chamber (Rule 21 par. 5). At a meeting held on 18 May 1979, he ascertained the views of the Agent of the Italian Government ("the Government") and the Delegates of the Commission regarding the procedure to be followed. Immediately thereafter, he decided that the Government should have until 7 November to file a memorial and that the Delegates should be entitled to file a memorial in reply within two months from the date of the transmission of the Government’s memorial to them by the Registrar. On 7 November, the President extended the first of these time-limits until 13 December, following requests sent by the Government to the Registrar on 23 October and then, in different terms, on 5 November; he reduced the second time-limit to five weeks. The Government’s memorial was received at the registry on 13 December 1979. On 17 December, the Secretary to the Commission advised the Registrar that the Delegates would present their observations at the hearings. 5. After consulting, through the Registrar, the Agent of the Government and the Delegates of the Commission, the President directed on 18 December that the oral hearings should open on 29 January 1980. On 11 January, the President instructed the Registrar to obtain from the Commission a certain number of documents. They were produced on 15 and 23 January. 6. The oral hearings were held in public at the Human Rights Building, Strasbourg, on 29 January. Immediately before their opening, the Chamber had held a short preparatory meeting; it had authorised the representative of the Government to use the Italian language (Rule 27 par. 2). There appeared before the Court: - for the Government:   Mr. G. AZZARITI, State Counsel (avvocato dello Stato),         Agent’s Delegate ; - for the Commission:   Mr. J. FAWCETT,   Principal Delegate ,   Mr. J. FROWEIN,   Delegate . The Court heard addresses by those appearing and their replies to questions put by it and by two of its members. It requested them to produce several documents; the majority of these, and some other documents, were supplied by the Commission and the Government on 29 and 30 January and on 11 April and 26 June. 7. At the close of deliberations held on 30 and 31 January, the Chamber, considering that the case raised serious questions affecting the interpretation of the Convention, decided under Rule 48 to relinquish jurisdiction forthwith in favour of the plenary Court. Having obtained, through the Registrar, the agreement of the Agent of the Government and the concurring opinion of the Delegates of the Commission, the Court decided on 29 April that the proceedings would continue without further oral hearings (Rule 26). 8. Two documents which the President, Mr. Wiarda, had requested from the Commission on 31 January were supplied by its secretariat to the registry on 4 February. On 11 April and 21 May, respectively, the registry received the original Italian text and the French version - the official version for the Court (Rule 27 par. 1) - of a memorial filed by the Government to support certain of the documents which they had supplied (see paragraph 6 in fine above). On 12 May, the Secretary to the Commission transmitted to the Registrar two notes by the applicant’s lawyer, dated 11 January and 29 April; the second note contained comments on the aforesaid memorial and also referred back to the first note. AS TO THE FACTS I. PARTICULAR FACTS OF THE CASE A. The criminal proceedings taken against Mr. Guzzardi 9. Mr. Guzzardi, an Italian citizen born in 1942, had left Palermo (Sicily) in 1966 to take up residence in Vigevano (in the province of Pavia). He was arrested on 8 February 1973, placed in detention on remand in Milan and 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; - not associate with persons convicted of criminal offences and subjected to preventive or security measures; - not return to his residence later than 10 p.m. and not go out before 7 a.m., except in case of necessity and after having given notice in due time to supervisory authorities; - not keep or carry any arms; - not frequent bars or night-clubs and not take part in public meetings; - inform the supervisory authorities in advance of the telephone number and name of the person telephoned or telephoning each time he wished to make or receive a long-distance call. 13. Mr. Guzzardi appealed to the Milan Court of Appeal; his appeal had no suspensive effect (section 4, sixth paragraph, of the 1956 Act) and so did not prevent the contested decision from being put into effect. In a memorial of 10 February 1975, his lawyer, Mr. Catalano, challenged the decision on a number of grounds, alleging that it was invalid and unjustified. He submitted, in particular, that on Asinara his client could neither find employment nor live together with his wife and child; there was thus an inconsistency between the reasoning and the operative provisions of the decision of 30 January. In addition, the decision referred to a non-existent district since in point of fact the island was no more than a sub-division of the district of Porto Torres (Sardinia). Mr. Catalano requested the Court of Appeal, in the first place, to quash the decision in its entirety; in the alternative, to limit it to special supervision without an order for compulsory residence; in the further alternative, to designate a district in Northern Italy where the applicant might find work, live with his family, meet with his lawyer in order to prepare his defence in the criminal proceedings and attend, as and when necessary, an urological clinic to receive the treatment required by his state of health. 14. On 12 February, the Court of Appeal (1st Criminal Chamber), by way of a preliminary ruling on submissions to the same effect by the public prosecutor, ordered that Mr. Guzzardi be transferred to the urological clinic of Sassari hospital (Sardinia); it also instructed its registry to seek information from the carabinieri in Sassari on the possibility of finding accommodation for three people and work on the island of Asinara. However, on 14 February the prosecuting authorities requested the Court of Appeal to revoke or suspend the aforesaid order. They pointed out that during his detention on remand Mr. Guzzardi had refused to submit to analyses in the University of Milan urological clinic; that experts considered that he was probably not suffering from any serious illness; that his covert intention was to use hospitalisation as a means of escape; that section 3 of the 1956 Act did not prohibit an order for compulsory residence in a given locality within a district; that the Court of Cassation had so held in two judgments, one of which concerned precisely the island of Asinara, which was, besides, "potentially" one of the best places in Italy for tourism. The Court of Appeal consequently suspended its order on the same day and directed that further hearings on the matter be held on 12 March 1975. 15. The officer commanding the criminal investigation department of the Milan carabinieri wrote, also on 14 February 1975, to the Court of appeal with the following information which had been supplied by the Sassari carabinieri: - for those subjected to compulsory residence on Asinara, there were only two flats suitable for accommodating a family; they were occupied by the families in turn for periods of between thirty and sixty days; - the island offered no possibility of permanent employment; there was just one firm which employed two residents in turn for short spaces of time; - the police stationed on Asinara were in a position to effect the requisite supervision. 16. On 17 and 21 February 1975, Mr. Catalano filed memorials with the Court of Appeal challenging the "fanciful" statements of the prosecuting authorities and requesting that further enquiries be undertaken in the shape of an investigation on the spot (sopral-luogo). In his view, his client was physically and mentally a prisoner (carcerato) on Asinara; he was vegetating there in conditions worse than those of his detention on remand. The applicant himself, in a letter of 20 February, described the island as a "veritable concentration camp". 17. On 12 March 1975, the Milan Court of Appeal (1st Chamber) dismissed the appeal and confirmed the decision of 30 January. As regards Mr. Guzzardi’s health and the absence of violation of section 3 of the 1956 Act, the Court of Appeal relied in substance on the arguments that had already been invoked by the prosecuting authorities on 14 February (see paragraph 14 above, second sub-paragraph). It found no good reason for regarding Asinara as an unsuitable locality for compulsory residence. It emphasised that the contested measure was designed to separate the individual from his milieu and render his contacts with it more difficult. This requirement took precedence over other problems, such as the absence of regular employment and of adequate accommodation for a family; moreover, at the time of his marriage the applicant could not have hoped to live with his wife and son since he was then in detention on remand and under a serious charge. His criminal record, the most disquieting criminal activities in which he engaged under the cloak of honesty, his violent character and his exceptional cunning showed that he presented a marked danger to society (spiccata pericolosità sociale). Supervision of such an individual was sufficiently important to justify the curtailment of other individual legal interests taken into account by the law (l’affievolimento di alter situazioni giuridiche soggettive che la legge prende in considerazione). 18. Mr. Guzzardi appealed to the Court of Cassation. In a supplementary memorial of 3 April 1975, his lawyer put forward three grounds of appeal pursuant to Articles 475 par. 3 and 524 par. 1 and 3 of the Code of Criminal Procedure: (i) It was not permissible under section 3 of the 1956 Act to make an order for a person’s compulsory residence - which amounted to subjecting him to a "judicial sanction" limiting his private and family liberty (libertà privata e famigliare) - on any scrap of land (qualunque pezzo di terra), such as Asinara, regardless of its area (quali che siano i metri quadrati entro cui si deve osservare il soggiorno), rather than on the whole of the territory of a district. The contrary interpretation adopted by the Court of Appeal was "restrictive and aberrant" and disregarded a man’s right to private and family life (alla vita privata e famigliare) which was guaranteed by the European Convention and the Italian Constitution. If the Court of Cassation were nevertheless inclined to follow that interpretation, it should refer the matter to the Constitutional Court. (ii) The Court of Appeal’s statement that Mr. Guzzardi did not need any particular medical treatment was a misrepresentation of the facts (travisamento dei fatti). The law did not permit any curtailment of legal interests which it protected, conferred and made mandatory (non consent[iva] veruno affievolimento di situazioni giuridiche tutelate, volute e pretese proprio dalla legge). It followed that the Court of Appeal had applied the law incorrectly (errata applicazione della legge) when it held that the necessity for special supervision justified such curtailment. (iii) Finally, the reasoning was contradictory (contraddittorietà) in various respects. Thus, the Court of Appeal had - without an investigation on the spot - deemed Asinara to be suitable for the execution of the measure complained of although the applicant would not there be able to comply with the directives contained in the Milan Regional Court’s decision. Mr. Catalano therefore requested the Court of Cassation to quash the judgment of 12 March 1975 after transmitting the file to the Constitutional Court for the purpose of obtaining a ruling that section 3 of the 1956 Act, as interpreted by the Court of Appeal, was incompatible with Article 13, fourth paragraph, and Article 27, second and third paragraphs, of the Constitution. Article 13 concerns "personal liberty": the fourth paragraph provides that "the infliction of any physical or mental violence on persons subjected to any form of restriction on their liberty shall be a punishable offence". The second paragraph of Article 27 enshrines the presumption of innocence; the third paragraph stipulates that "punishment may not take the form of treatment repugnant to feelings of humanity and must be aimed at re-education of the convicted person". 19. The Court of Cassation gave judgment on 6 October 1975. It accepted the submissions of the public prosecutor attached to the Court of Cassation and dismissed the appeal as being devoid of foundation. As regards the first ground of appeal, the Court of Cassation pointed out that its settled case-law established that under certain conditions, which were satisfied in the present case, an order for compulsory residence could refer to a given locality within a district. Likewise, the "curtailment" of, and the "undoubted limitations" on, "various rights of the individual concerned" stemmed directly from the application of measures which had on numerous occasions been recognised to be in conformity with the Constitution, for example in a judgment delivered by the Constitutional Court on 15 June 1972. As regards the second ground, the Court of Cassation held that in the particular circumstances the Court of Appeal had been right in turning down the argument concerning Mr. Guzzardi’s state of health. As regards the third ground, the Court of Cassation perceived no contradiction since the intended object was to remove the applicant from Milan and to separate him from the members of the mafia who carried on their activities there without hindrance. The Court also declared the question of constitutionality raised by the applicant to be manifestly ill-founded. There again, the public prosecutor had cited the above-mentioned judgment of 15 June 1972; he had in addition referred to the administrative nature of the decision designating the locality (natura amministrativa della determinazione del luogo). 20. On 14 November 1975, Mr. Catalano made two applications to the Milan Regional Court. The first application was addressed to the President of the 2nd Criminal Chamber in his capacity of judge supervising the execution of sentences (giudice di sorveglianza). It requested him to cancel (abolire) the compulsory residence order, maintaining that if the President, or someone designated by him for the purpose, were to visit Asinara, he would be left in no doubt that the obligation to live there was contrary to the law, the legislation, justice and individual human rights. The second application invited the 2nd Chamber to substitute for Asinara a district where Mr. Guzzardi could work, not come into contact with suspects (indiziati) and live with his wife and son who had been obliged to leave the island since their permit to reside there had expired. The lawyer referred to an Order of 27 October 1975 concerning an appeal by one Ignazio Pullarà; the Milan Court of Appeal had stated therein that it was for the judge supervising the execution of sentence to make an appraisal of living conditions on Asinara. The 2nd Criminal Chamber gave its decision on 20 January 1976. First of all, it affirmed that the implementation of preventive measures was a matter within the competence of the police authorities (pubblica sicurezza) and not of the judge supervising the execution of sentences. It added that exigencies of the protection of society justified the special form of isolation undergone by those sent to Asinara, namely individuals who were extremely dangerous. However, those exigencies necessitated neither separating those concerned from their families nor depriving them of regular employment. Accordingly, the Regional Court, whilst rejecting both applications, directed that the text of its decision be communicated to the Minister of the Interior and to the Sassari questore. 21. On 21 July 1976, the Milan questore requested the Milan Regional Court to order Mr. Guzzardi’s transfer to the district of Force, in the province of Ascoli Piceno, on the Italian mainland. The reason advanced was that the simultaneous presence on Asinara of the applicant and of his co-accused (coimputato), Ignazio Pullarà, who was also in the process of "serving" (scontare) a compulsory residence measure, might have unfortunate repercussions on the ensuing stages of the criminal proceedings and, above all, on security on the island. The Regional Court (vacation Chamber) gave a decision to that effect, and for the same reasons, on the following day; it specified that the remainder of its decision of 30 January 1975 (see paragraph 12 above) was to continue in force. 22. Mr. Guzzardi had to remain at Force until 8 February 1978, on which date the three-year period fixed by the last-mentioned decision expired. C. The applicant’s stay on the island of Asinara 1. Description of the locality 23. Asinara lies off the north-west tip of Sardinia. The island, which is long and narrow with a rugged terrain, measures about 20 km. at its greatest length. Whilst the island as a whole covers 50 sq. km., the area reserved for persons in compulsory residence represented a fraction of not more than 2.5 sq. km. This area was bordered by the sea, roads and a cemetery; there was no fence to mark out the perimeter. About nine-tenths of the island was occupied by a prison. 24. Administratively, the island forms an integral part of the district of Porto Torres, a small Sardinian coastal town one hour away by boat. The southernmost point of the island can also be reached in fifteen minutes if one embarks at Stintino, to the north of Porto Torres. Sea communications are interrupted during very bad weather. 25. The principal settlement on the island, Cala d’Oliva, houses nearly all of the island’s permanent population - approximately two hundred people; this population comprises the prison staff and their families, schoolteachers, a priest, the post office employees and a few tradesmen. The persons in compulsory residence were lodged in the hamlet of Cala Reale which consists mainly of a former medical establishment and certain other buildings including a school, a chapel and a carabinieri station where the applicant had to report twice a day (see paragraph 12 above). 2. Possibilities of movement 26. The Government maintained before the Commission that one could circulate at will within Cala Reale. According to Mr. Guzzardi on the other hand, an instruction issued by the officer in charge of the carabinieri restricted movement for persons in compulsory residence to a radius of about 800 metres. 27. Persons in compulsory residence had no access to the prison zone or to Cala d’Oliva. The inhabitants of the latter village could, in contrast, visit Cala Reale whenever they pleased, whereas outsiders - such as tourists - were in principle not allowed to go there. 28. Persons in compulsory residence could apply for authorisation to visit Sardinia or the Italian mainland if they had good reasons, such as medical treatment, family grounds or compliance with an order of the judicial authorities. The Government stated that authorisation was "normally" given on production of the appropriate documents of following a brief police enquiry, but according to the applicant it was very difficult to obtain. Even in the case of urgent medical treatment, so he contended, there was a long delay, sometimes as much as a whole month. In any event, such trips were made under the strict supervision of the carabinieri. 29. There existed the additional possibility of going in turn to Porto Torres to buy provisions, likewise after authorisation and under supervision. The frequency of the crossings as well as the number of participants were the subject of dispute. The Government spoke of four persons per week, whereas for Mr. Guzzardi it was just one; he claimed that he had had to wait six months before receiving the necessary permission. 3. Accommodation 30. Most of the persons in compulsory residence were housed in two buildings belonging to the former medical establishment; these buildings were fairly large and consisted principally, so it seems, of bedrooms with one or two beds. A third building, a small construction known as the "Pagodina", was allocated to "residents" (soggiornanti) who were accompanied by their families. The "Pagodina" contained two flats each comprising a bedroom and a kitchen. The applicant lived in one of the main buildings or in the "Pagodina", depending upon whether he was alone or with his family. He could not go out between 10 p.m. and 7 a.m., except in case of necessity and after having notified the authorities in due time (see paragraph 12 above). 31. These various buildings were somewhat dilapidated. According to Mr. Guzzardi, their state of disrepair was such as to render them almost uninhabitable. For the Government, on the contrary, the condition of the buildings was "acceptable" up to the time when some of their occupants committed acts of vandalism, an occurrence not denied by the applicant. 4. Medical assistance, health and sanitary conditions 32. The medical service at Cala Reale was provided by the prison doctor. He lived at Cala d’Oliva but could be reached by telephone and be on hand within the space of about thirty minutes. Before the Commission, the Government submitted that there was a dispensary at Cala Reale, with a male nurse in attendance; the applicant disputed the presence of any nurse. When persons in compulsory residence needed to be hospitalised or to consult a specialist, they were sent to the State hospital and university clinics in Sassari. Such journeys required authorisation from the competent court - the Milan Regional Court in the applicant’s case (see also paragraph 28 above). 33. The Government medical officer for Sassari province was responsible for supervising health and sanitary conditions at Cala Reale. While the Government considered the level of the conditions to be good, in Mr. Guzzardi’s view they left much to be desired. In particular, he complained of the lack of any arrangements for removing rubbish (see also paragraph 42 below). 5. Presence of the family 34. Persons in compulsory residence could apply to the administrative authority for permission to have their nearest relations join them on the island and stay with them either in the "Pagodina" (see paragraph 30 above) or, failing that, in the rather confined bedroom - 4 metres by 4 metres - allocated to each of them. The Government stressed before the Commission that the shortage of water on Asinara, which had neither a spring nor an aqueduct and was supplied periodically by navy tankers, made is necessary to limit the number of persons authorised to stay there. 35. Initially, the applicant’s wife and son and also, from time to time, his parents-in-law and nephew lived together with him. On 9 October 1975, the members of his family were ordered to leave the island; their residence permits had expired on 28 August and he had not applied for their renewal. They were, however, able to return at the beginning of December and stayed with him until his departure for Force (see paragraph 21 above).   6. Possibilities of attending worship 36. There is a chapel at Cala Real. According to Mr. Guzzardi, it remained closed except for religious services at Christmas and Easter. The Government submitted in reply that the religious authorities - there was a priest living at Cala d’Oliva – would willingly have opened the chapel for services at any time had they been asked to do so, but that no one had ever made such a request. 37. The applicant also claimed that a mass was celebrated every Sunday by the prison chaplain, but on premises situated outside the area in which persons in compulsory residence could move freely (see paragraph 26 above). 7. Possibilities of obtaining work 38. For persons in compulsory residence, the prospects of employment were limited to the openings offered by a firm at Cala Reale, Massidda-Costruzioni edili, which were somewhat modest – four persons in 1975 and eleven in 1976. The Government submitted that Mr. Guzzardi had shown no interest at all in this possible source of work. Mr Guzzardi did, however, produce a certificate from Massidda showing that he had worked for the company from October 1975 to May 1976 and had subsequently made repeated and pressing requests for employment, but without success. 8. Possibilities for cultural and recreational activities 39. Persons in compulsory residence could obtain books and newspapers at Porto Torres, either themselves or through other people who went there. They had the use of one television set according to the applicant, several sets according to the Government. The existence of communal canteen and recreation facilities was also the subject of dispute before the Commission. 9. Communications with the outside 40. Mr. Guzzardi had to give to the authorities prior notice of the name and number of the person telephoned or telephoning whenever he wished to make or receive a call (see paragraph 12 above). On the other hand, his correspondence in the form of letters and telegrams was not monitored. 10. Representations made by the applicant with regard to living conditions on the island 41. On 11 August 1975, the applicant sent a letter to the Porto Torres pretore in which he confessed that he had not discharged certain of the obligations imposed on him by the Milan Regional Court on 30 January (see paragraph 12 above), namely seeking employment, looking for a fixed residence and not associating with other "residents" and criminal elements. He stated that he had tried in vain to comply with these directives and that the officer in charge of the carabinieri on Asinara had never raised any objection despite section 12 of Act no. 1423 of 27 December 1956 (see paragraph 51 below). No action was taken on his letter. 42. In addition, on 9 January 1976 all the persons in compulsory residence addressed a collective protest to the Sassari questore. They claimed (a) the allocation of a suitable house to each of them; (b) permanent access to Cala Reale by members of their families; (c) work opportunities capable of providing maintenance for them and their families, the subsidy of 45,000 or 46,500 Lire paid by the Ministry not being sufficient for the purpose; (d) the mooring at Cala Reale, instead of Porto Torres, of the boat used for transporting them; (e) the right to go individually and at least once a week to Porto Torres to purchase food supplies; (f) the reopening of the post office at Cala Reale; (g) the improvement of the health and sanitary conditions in the inhabited zones and adjoining areas; (h) on-the-spot medical assistance and the possibility of consulting specialists without delay; (i) more humane treatment from the bodies coming under the authority of the police headquarters; (j) proper upkeep of the premises; (k) installation of a second telephone. The Government asserted that they thereupon took certain steps to satisfy some of these requests, in particular as regards items (a), (b), (d) and (f). D. Discontinuance of the use of Asinara as a place of compulsory residence 43. The situation of the "residents" at Cala Reale was also criticised in the press. The administrative authorities investigated possible remedial measures but, in the face of the expense involved and time needed, did not pursue the matter. In consequence, the Ministry of the Interior decided in August 1977 to strike (depennare) the island out of the list of places for compulsory residence. By that date Mr. Guzzardi had been living at Force for more than a year (see paragraph 21 above); however, two of the documents filed show that his application to the Commission was not unconnected with the Ministry’s decision. The last individuals in compulsory residence left Asinara on 17 November 1977. II. THE LEGISLATION APPLIED IN THE APPLICANTS CASE 44. The treatment complained of by the applicant was based on Act no. 1423 of 27 December 1956 and Act no. 575 of 31 May 1965.     A. The 1956 Act 45. This Act makes provision for a variety of preventive measures which can be taken against "persons presenting a danger for security and public morality" (misure di prevenzione nei confronti delle persone pericolose per la sicurezza e per la pubblica moralità). 46. Under section 1, the Act applies to, amongst others, "idlers" and "habitual vagrants who are fit for work" (gli oziosi e i vagabondi abituali, validi al lavoro), "anyone who is regularly and notoriously involved in illicit dealings" (che sono abitualmente e notoriamente dediti a traffici illeciti) and individuals who, by reason of their behaviour and style of life (tenore di vita), must be considered as habitually living, even in part, on the proceeds of crime or on the rewards of complicity therein (con il favoreggiamento), or whose outward conduct gives good reason to believe that they have criminal tendencies (che, per le manifestazioni cui abbiano dato luogo, diano fondato motivo di ritenere che siano proclivi a delinquere). The Chief of Police may send to such persons a warning (diffida) in which he will call on them to mend their ways and notify them that, if not, the measures mentioned in the subsequent sections will be put into effect. A report by the Milan Chief of Police (see paragraph 12 above) indicates that Mr. Guzzardi received such a diffida in Palermo on 26 September 1967 that is well before the events prompting his application to the Commission. 47. In the case of individuals who present a danger for public security or morality and are found elsewhere than at their place of residence, the Chief of Police may also send them back to that place and forbid them to return without prior authorisation or until after the expiry of a period not exceeding three years to the district from which they are being excluded; non-compliance with such an order will render them liable to a penalty of "arrest" (arresto) of between one and six months (section 2). 48. If an individual presenting a danger to public security or morality has not mended his ways despite the warning, he may, under section 3, be placed under special police supervision (sorveglianza speciale della pubblica sicurezza); if need be, this may be combined either with a prohibition on residence in one or more given districts or provinces or, in the case of a particularly dangerous person (particolare pericolosità), with an order for compulsory residence in a specified district (obbligo del soggiorno in un determinato comune). Only the Regional Court of the chief town of the province has power to order these measures; it will do so on the basis of a reasoned application by the Chief of Police to its President (section 4, first paragraph). The Regional Court must give a reasoned decision (provvedimento) in chambers within thirty days. It will first hear the public prosecutor’s department and the person concerned, the latter being entitled to submit written pleadings and to be assisted by a lawyer (section 4, second paragraph). The prosecuting authorities and the person concerned may, within ten days, lodge an appeal which does not have suspensive effect; the Court of Appeal has to give a reasoned decision (decreto) in chambers within thirty days (section 4, fifth en sixth paragraphs). That decision may in turn and on the same conditions be the subject of a further appeal to the Court of Cassation which must give its ruling in chambers within thirty days (section 4, seventh paragraph). 49. When adopting one of the measures listed in section 3, the Regional Court will specify for how long it is to remain in force - not less than one and not more than five years (section 4, fourth paragraph) - and will give directives with which the person in question must comply (section 5, first paragraph). In the case, as here, of an individual who has been placed under special supervision because he is suspected of living on the proceeds of crime, the Regional Court will direct him to look for work within an appropriate time, to establish his residence and advise the police authorities (autorità di pubblica sicurezza) thereof and not to leave it (allontanarsi) without first informing them (section 5, second paragraph; see paragraph 12 above). In all cases, The Regional Court will order the individual to lead an honest and law-abiding life; not to give cause for suspicion; not to associate with persons convicted of criminal offences and subjected to preventive or security measures; not to return to his residence at night after, and not to go out in the morning before, a specified time, except in case of necessity and after having given notice in due time to the authorities; not to keep or carry any arms; not to frequent bars or night-clubs; not to take part in public meetings, etc. (section 5, third paragraph; see also the fourth paragraph of that section and paragraph 12 above). Anyone who, like Mr. Guzzardi is subject to a compulsory residence order may also be directed not to leave (andare lontano) his house without notifying the supervisory authorities (autorità preposta alla sorveglianza) and to report to them on stated days and whenever called upon to do so (section 5, fifth paragraph; see paragraph 12 above). The person concerned will be issued with a card which he must carry with him and show to the police whenever so requested (section 5, sixth paragraph). 50. The Chief of Police is responsible for the implementation of these various measures (section 7, first paragraph). On application by the person concerned and after the police have been heard, the decision ordering the measures may be revoked or varied by the authority (dall’organo) which issued it, insofar as the grounds therefore no longer exist (section 7, second paragraph). 51. Any person who fails to abide by the obligations attaching to special supervision or by those specified in a compulsory residence order is liable to a penalty of "arrest" of three months to one year or six months to two years, respectively (section 9, first and second paragraphs, and section 12, first paragraph). B. The 1965 Act 52. The 1965 Act completes this panoply of legal texts with provisions directed against the mafia (disposizioni contro la mafia). According to section 1, the Act is applicable to persons - such as Mr. Guzzardi - whom there are strong reasons to suspect of belonging to mafia-type associations (indiziati di appartenere ad associazioni mafiose). State prosecutors may propose that the preventive measures described above be taken against such persons, even if no prior warning has been given; the decision rests with the courts (section 2). Under section 5, wrongfully leaving the district of compulsory residence is punishable by "arrest" of six months to two years. PROCEEDINGS BEFORE THE COMMISSION 53. In his application of 17 November 1975 and 30 January 1976 to the Commission (no. 7367/76), Mr. Guzzardi complained of "the arbitrary action of the Italian authorities" who were compelling him to reside not within a district but rather on a "scrap of land" (pezzo di terra) where he was unable to work, keep his family permanently with him, practise the Catholic religion or ensure his son’s education; he described his situation at Cala Reale as "the most barbarous imprisonment, the most degrading and pernicious incarceration". He referred to Articles 3, 8 and 9 (art. 3, art. 8, art. 9) of the Convention and to Article 2 of Protocol No. 1 (P1-2) and alleged breach of "the personal and family right" (del diritto individuale e familiare), "the right to religion" and "the right to a proper administration of justice". 54. In may 1976, when giving the notice provided for in Rule 42 par. 2 (b) of its Rules of Procedure, the Commission invited the Government to present, amongst other matters, observations on the applicability of Articles 5 and 6 (art. 5, art. 6) of the Convention. Subsequently, Mr. Guzzardi also placed express reliance on these two Articles (art. 5, art. 6). 55. On 1 March 1977, the Commission declared the complaint under Article 2 of Protocol No. 1 (P1-2) inadmissible as being manifestly ill-founded. It accepted the remainder of the application after dismissing pleas of non-exhaustion of domestic remedies raised by the Government. In its report of 7 December 1978, the Commission expressed the opinion that there had occurred a failure to observe the requirements of Article 5 par. 1 (art. 5-1) of the Convention (unanimous) but not of Articles 3 (art. 3) (unanimous), 8 (art. 8) (eleven votes to none, with one abstention) and 9 (art. 9) (unanimous), and that the impugned proceedings fell outside the ambit of Article 6 (art. 6) (unanimous). 56. On 4 April 1977, Mr. Guzzardi lodged a second application (no. 7960/77) concerning, this time, his living conditions at Force (see paragraphs 21 and 22 above). The Commission did not join it to the first application (Rule 29 of the Rules of Procedure) but declared it inadmissible on 5 October 1977. The Commission found, inter alia, that there had not been deprivation of liberty within the meaning of Article 5 (art. 5) of the Convention but solely restrictions on liberty of movement and freedom to choose one’s residence, these being rights guaranteed by Article 2 of Protocol No. 4 (P4-2) which Italy had not ratified. FINAL SUBMISSIONS MADE TO THE COURT 57. In their second memorial (see paragraph 8 above), the Government maintained the submissions set out in their first memorial (see paragraph 4 above), whereby they had requested the Court "- to declare inadmissible the issue raised by the Commission (namely whether the applicant, Mr. Guzzardi, was deprived of his liberty by being ordered to reside compulsorily on the island of Asinara), on the ground that the person concerned failed to raise that issue on his own initiative, as is required by Article 25 (art. 25) of the Convention, and on the further ground that domestic remedies have not been previously exhausted, as is required by Article 26 (art. 26) of the Convention; - to declare that the object of the proceedings has disappeared, with the result that it will serve no purpose to rule on the Commission’s request; - to declare that the placing of Mr. Guzzardi in compulsory residence constituted neither arrest or detention nor, in any event, deprivation of liberty but a restriction on freedom of movement, lying outside the scope of Article 5 (art. 5) of the Convention; - to declare that in any event the preventive measure applied to Mr. Guzzardi is justified by s