G.T.B. v. SPAIN JUDGMENT
A. Admissibility
1. The parties’ submissions
(a) Non-exhaustion of domestic remedies
87. The Government submitted that the applicant had not exhausted
domestic remedies. He had confined himself to bringing an action for State
liability but had never brought any other type of legal proceedings aimed at
redressing the allegedly infringed right (for example, against the public
authorities which allegedly should have initiated the procedure for registering
the applicant’s birth of their own motion, or against the administrative
authorities which had allegedly delayed the procedure for him to have his
birth registered). Moreover, in the Government’s view, the exorbitant amount
of money the applicant was seeking by way of just satisfaction clearly
demonstrated that the only reason he had lodged an application with the Court
was to obtain money that he had been unable to obtain in Spain, not to remedy
or redress the alleged violations of his substantive rights.
88. The applicant submitted that proceedings to establish liability on the
part of the public authorities were the most appropriate means of remedying
the violation of his right to respect for his private life.
(b) Lack of victim status
89. The Government stated that it was crucial to emphasise that the person
who had had the responsibility for registering the applicant’s birth without
delay was his mother. In particular, pursuant to the Spanish Law on the Civil
Registry as in force at the time (see paragraph 72 above), the mother was
obliged to request the registration between twenty-four hours and eight days
following the child’s birth. Instead, it had taken Ms X more than twelve years
to appear at the Civil Registry to request the registration of the applicant’s
birth in Mexico in 1985. Registration at a time closer to the birth would have
facilitated the bureaucratic procedure, and the applicant would have already
been registered and identified at the time of his expatriation to Spain from
Mexico. The Government argued that the twelve-year delay in complying
with that obligation had had a significant impact on the processing of the
registration, by increasing the difficulty of proving the circumstances in
which the birth had taken place given the time that had elapsed and the
distance. They submitted that, had Ms X complied with her obligation to
request the registration within the legal time-limit, the subsequent difficulties
and the consequent delay in the registration would not have occurred.
Furthermore, the processing of the case had been at a standstill from March
1999, as it had been impossible to summon Ms X because she was unknown
at the address provided for that purpose, until 16 May 2002, when she had
again applied to the La Laguna Civil Registry to register the birth of her
children. In that connection, the Government argued that the applicant could
24
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents