G.T.B. v. SPAIN JUDGMENT
programme, in order to receive remedial teaching to compensate for his lack
of previous academic education. A report from that year stated as follows:
“Taking into account his numerous absences and the little interest shown, no progress
has been observed in his attitude towards school, either in his behaviour or as regards
the curricular content”.
13. The applicant started manifesting psychological disorders in 1996, at
the age of eleven.
14. In the 1997/98 academic year the applicant was transferred back to
school B, where he was enrolled in the sixth grade of primary school. His
individualised assessment report of November 1997 contained the following
observation:
“... continuous absences from class make it impossible to follow a rhythm of work
with the student. [He shows] little interest in his work, which may be due to the
[developmental] delay he suffers from. He receives remedial teaching three hours a
week, with better performance than in the classroom.”
The applicant did not finish his studies that year. The school issued a report
according to which the applicant and his sister did not have identity
documents, had missed classes frequently without justification, and had often
arrived at school poorly dressed, without any attention having been paid to
their personal hygiene, and without having had breakfast; in addition, Ms X
had caused problematic situations with the teachers both at schools B and C,
as well as with representatives of the social security authorities and of a
non-governmental organisation.
15. In the 1998/99 academic year, the applicant was enrolled in the first
grade of secondary education. He did not attend classes during the entire year,
but he was enrolled in the second grade for the 1999/2000 academic year.
16. In 1998, at the age of 13, according to the applicant, he began
indiscriminate consumption of toxic substances. In 1999, at the age of 14, he
participated in robberies and started using cocaine.
II. THE APPLICANT’S JUVENILE RECORD
17. From December 2001 (when the applicant was 16 years old), several
correctional measures were imposed on him by the Santa Cruz de Tenerife
Juvenile Court (“the Juvenile Court”).
18. On 22 January 2002 the measure of attending a day centre for one year
was imposed on the applicant. According to the documents submitted by
the applicant, the workers of the day centre offered to help Ms X in the
proceedings aimed at registering the applicant’s birth and at obtaining an ID
card for him, but she refused. By a judgment of 5 July 2002, following a plea
bargain with his lawyer, the applicant was sentenced to detention in a
semi - open regime for ten months. In November 2002 he escaped from the
detention centre and was sentenced to six months in a semi-open regime in a
judgment of 10 June 2003. On 31 May 2003, while he was still serving the
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