Guzzardi Case

Abstract

State responsibility — Nature and kinds of State responsibility — For wrongs unconnected with contractual obligations — Acts and omissions of State organs and officials — Exhaustion of domestic remedies — European Convention on Human Rights and Fundamental Freedoms 1950, Article 26 — Whether Article of Convention to be relied on expressly before domestic courts — Whether complaints before domestic courts relating to conduct in breach of Convention provisions relied on before Convention institutions

State responsibility — Damages — Award of damages in general — European Convention on Human Rights and Fundamental Freedoms 1950, Article 50 — Just satisfaction — Request for compensation for prejudice suffered through unjust deprivation of liberty — Equitable determination of — Restitutio in integrum

Disputes — Other international courts — European Court of Human Rights — Admissibility of complaint — European Convention on Human Rights 1950, Article 25 — Extent of jurisdiction of EuropeanCommission of Human Rights — Whether complaints raised on applicant's own initiative — Date of decision of admissibility — Whether application has object and purpose — Whether application to be struck off the list

The individual in international law — In general — Human rights and freedoms — European Convention on Human Rights and Fundamental Freedoms 1950, Article 5(1) — Unjust deprivation of liberty — Order of Italian court obliging alleged mafioso to reside in restricted area under police supervision — Whether conditions and implementation of residence amounting to deprivation of liberty — Whether justified under Article 5(1) paras. (a)-(f)

Article 8 — Respect for private and family life — Compatibility of compulsory residence order — Article 9 — Freedom of religion — Article 3 — Whether compulsory residence amounting to inhuman or degrading treatment — First Protocol to Convention, Article 2 — Right to education

Fourth Protocol to Convention — Non-ratification by State party to Convention — Article 2 — Restriction of movement and place of residence — Comparison between this provision and Article 5 of the Convention

Article 25 — Admissibility of application — Extent of jurisdiction of European Commission of Human Rights — Whether complaints before Commission raised on applicant's own initiative — Date of decision on admissibility — Whether application having object or purpose — Whether application should be struck off the list

Article 26 — Exhaustion of domestic remedies — Whether provisions of Convention to be relied on expressly before domestic courts — Whether complaints raised before domestic courts relating to conduct in breach of Convention may be relied on before Convention institutions

Article 50 — Just satisfaction — Request for compensation for prejudice suffered — Equitable determination of — Restitutio in integrum