G.T.B. v. SPAIN JUDGMENT
accordance with the law. The delays, which had occurred because of the
nature of the procedure and of the attitude of Ms X as a person responsible
for requesting the registration, could not be attributed to the authorities.
106. In any event, the Government emphasised that the public
prosecutor’s office had made several requests for information to the civil
registries in order to find out the status of the procedure. The authorities had
asked Ms X to submit many documents or other proof of the relationship
between them, had carried out an investigation, and had tried to obtain
evidence through the Mexican consulate.
107. The Government argued that the public authorities could not be
asked to do more than they had done in order to expedite the procedure for
the applicant to obtain his papers, and that no violation of his right to private
life could be found in the present case.
108. The Government also argued that the applicant’s right to an
education had never been compromised, and that the public authorities, far
from preventing him from studying, had provided support and allowed him
to enrol each time he had wished to do so in different schools, even if he
subsequently had not attended.
109. As for damage, the Government did not dispute that the applicant
had developed a psychological condition but argued that it could not be
attributed to the acts or omissions of the Spanish public authorities. His own
actions, such as drug consumption from the age of seven, as well as his family
context, notably his mother’s behaviour and the family’s medical history had
had a fundamental impact on his situation.
110. The Government also emphasised that the forensic and medical
reports submitted by the applicant did not disclose the existence of a direct
causal link between his lack of identity documents and his psychological
suffering; they merely indicated that he blamed his problems on that lack of
identification. In the Government’s view, the Audiencia Nacional had been
very clear in its reasoning as to why the applicant’s psychological condition
could not be attributed to the authorities.
111. In the Government’s view, the applicant was presenting a very
biased and incomplete version of the assessment of the evidence. The
domestic judgments, in particular that of the Audiencia Nacional of 22 May
2017, had been neither arbitrary nor manifestly incorrect.
2. The Court’s assessment
(a) General principles
112. The Court reiterates that the concept of private life covers the
physical and psychological integrity of a person and may embrace multiple
aspects of the person’s physical and social identity (see Denisov v. Ukraine
[GC], no. 76639/11, § 95, 25 September 2018, and S. and Marper
v. the United Kingdom [GC], nos. 30562/04 and 30566/04, § 66, ECHR
29
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