LABITA v. ITALY JUDGMENT 38 are intended to prevent crimes being committed. Furthermore, an acquittal does not necessarily deprive such measures of all foundation, as concrete evidence gathered at trial, though insufficient to secure a conviction, may nonetheless justify reasonable fears that the person concerned may in the future commit criminal offences. 196. In the instant case, the decision to put the applicant under special supervision was taken on 10 May 1993 at a time when there effectively existed some evidence that he was a member of the Mafia, but the measure was not put into effect until 19 November 1994 after his acquittal by the Trapani District Court (see paragraphs 63 and 69 above). The Court has examined the grounds relied on by the Italian courts for refusing to rescind the measure after the applicant's acquittal, namely B.F.'s assertion that the applicant had contacts in the Mafia clan as was proved by the fact that his deceased brother-in-law had been the head of the main clan (decision of the Trapani District Court of 11 June 1996 – see paragraph 72 above) and the fact that “the applicant had not shown any real change in his lifestyle or that he was genuinely repentant” (decision of the Trapani District Court of 21 October 1997 – see paragraph 75 above). The Court fails to see how the mere fact that the applicant's wife was the sister of a Mafia boss, since deceased, could justify such severe measures being taken against him in the absence of any other concrete evidence to show that there was a real risk that he would offend. As regards changing his lifestyle and repenting, the Court is mindful of the fact that the applicant, who has no criminal antecedents, was acquitted of the charge that he was a member of the Mafia on the ground that no concrete evidence in support of that allegation could be found during the preliminary investigation and trial. 197. In conclusion, and without underestimating the threat posed by the Mafia, the Court concludes that the restrictions on the applicant's freedom of movement cannot be regarded as having been “necessary in a democratic society”. There has therefore been a violation of Article 2 of Protocol No. 4. VII. ALLEGED VIOLATION OF ARTICLE 3 OF PROTOCOL No. 1 TO THE CONVENTION 198. The applicant considered that the fact that, despite his acquittal, he had been disenfranchised infringed Article 3 of Protocol No. 1, which provides: “The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.” 199. The Government maintained that the measure was intended to prevent the Mafia exercising any influence over elected bodies. In view of