GUZZARDI CASE
Doc ref: 7367/76 • ECHR ID: 001-55408
Document date: April 30, 1981
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The Committee of Ministers, under the terms of Article 54 (art. 54) of
the Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter referred to as "the convention"),
Having regard to the judgment of the European Court of Human
Rights in the "Guzzardi" case, delivered on 6 November 1980 and
transmitted the same day to the Committee of Ministers;
Recalling that the case had its origin in an application against Italy
lodged with the European Commission of Human Rights under Article 25
(art. 25) of the convention by an Italian citizen, Mr Michele Guzzardi,
alleging violation of Article 3, 8 and 9 (art. 3, art. 8, art. 9) of
the convention and of Article 2 of Protocol No. 1 (P1-2) to the
convention;
Recalling that the case had been brought before the Court by the
European Commission of Human Rights;
Whereas in its judgment of 6 November 1980, the Court:
1. Rejects by 16 votes to 2 the plea based by the government on the
ex officio examination of the case under Articles 5 and 6 (art. 5,
art. 6);
2. Rejects by 10 votes to 8 the government's objection that domestic
remedies have not been exhausted;
3. Rejects by 15 votes to 3 the government's plea as to the
disappearance of the object of the proceedings;
4. Holds by 11 votes to 7 that there was in the instant case
deprivation of liberty within the meaning of Article 5 (art. 5) of the
convention;
5. Holds unanimously that the said deprivation of liberty was not
justified under sub-paragraph (e) of Article 5, paragraph 1 or under
sub-paragraph (b) (art. 5-1-b, art. 5-1-e);
6. Holds by 16 votes to 2 that the said deprivation of liberty was
also not justified under sub-paragraph (a) (art. 5-1-a);
7. Holds by 12 votes to 6 that the said deprivation of liberty was
not justified under sub-paragraph (c) either (art. 5-1-c);
8. Holds, to sum up, by 10 votes to 8, that from 8 February 1975 to
22 July 1976 the applicant was the victim of a breach of
Article 5, paragraph 1 (art. 5-1);
9. Holds unanimously that in the instant case there was no breach of
Articles 3, 6 or 9 (art. 3, art. 6, art. 9);
10. Holds by 17 votes to 1 that there was also no breach of
Article 8 (art. 8);
11. Holds by 12 votes to 6 that the Italian Republic is to pay to the
applicant under Article 50 (art. 50) a sum of one million
(1 000 000) Lire;
Having regard to the "Rules concerning the application of
Article 54 (art. 54) of the convention";
Having invited the Government of Italy to inform it of the measures
which had been taken in consequence of the judgment having regard to
its obligations under Article 53 (art. 53) of the convention to abide
by the judgment;
Whereas, during the examination of this case by the Committee of
Ministers, the Government of Italy informed the Committee of the measures
taken in consequence of the judgment;
Having satisfied itself that the Government of Italy has paid to the
applicant the sum under Article 50 (art. 50) of the convention
provided for in the judgment of the Court of 6 November 1980,
Declares that it has exercised its function under Article 54 (art. 54)
of the convention in this case.