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).

[1] A little under 500 pounds sterling at present rates.

[2] The Convention cannot of course validly be invoked unless the domestic remedies available under the local law have been exhausted.

[3] A number of these complaints were in fact lacking in any real substance, or were remedied in the course of the applicant's stay on the island.

[4] I use this term to exclude cases covered by sub-paragraphs (a) to (f) of paragraph 1 of Article 5 (art. 5-1-a, art. 5-1-b, art. 5-1-c, art. 5-1-d, art. 5-1-e, art. 5-1-f), whereby acts that would otherwise constitute a deprivation of liberty, contrary to that Article (art. 5), become legitimated so far as the Convention is concerned.