G.T.B. v. SPAIN JUDGMENT
not claim the status of victim, given that the events which he was complaining
about were largely due to the behaviour of his then legal representative (his
mother).
90. The applicant contended that it had not been Ms X’s behaviour that
had impeded his registration for years, but the obstacles put in place by the
public authorities. He claimed to be a victim of a violation of his right and
hence to have victim status.
2. The Court’s assessment
91. Concerning the exhaustion of domestic remedies, the Court notes that
in his amparo appeal the applicant complained of all the consequences he
suffered as a result of the impugned events and thus raised in substance the
complaint now brought before the Court.
92. The Court therefore dismisses the Government’s objection concerning
non-exhaustion of domestic remedies.
93. Concerning the Government’s objection about victim status, the Court
considers that the question whether the delay and the problems in registering
the applicant’s birth and issuing his ID card were imputable to the public
authorities’ acts and omissions or to the applicant’s and/or his mother’s
behaviour is in reality a submission on the merits of the case. Consequently,
it should be examined as part of the Court’s analysis on the merits of the case.
B. Merits
1.
The parties’ submissions
(a) The applicant
94. The applicant’s complaint was twofold. Firstly, he complained that
the public authorities had never initiated or pursued the procedure for him to
have his birth registered when they should have done so, given that he had
been a minor and under the public authorities’ guardianship during certain
periods. Secondly, he argued that the delay in having his birth registered had
been caused by the constant and unnecessary obstacles created by the public
authorities in requesting documents and information known to be unavailable.
95. As to the first part of his complaint, the applicant submitted that from
29 December 1989 until 15 January 1991, when he had been left in a
children’s foster centre in the care of the public authorities after being
voluntary given up by his mother, it had been the Canary Islands’ public
authorities that had exercised guardianship over him, and they had not taken
any steps to initiate the registration of his birth or to issue him with an ID
card. He also observed that from 2000 until 2006, during the different periods
in which he had been serving correctional measures following his criminal
convictions by the juvenile courts, the Directorate General for Protection of
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