G.T.B. v. SPAIN JUDGMENT
35. On 3 March 1999 Ms X presented her birth certificate and her passport
but claimed that she lacked any official documents to prove her children’s
births as they had been born at home in Mexico.
36. On 31 March 1999 the Central Civil Registry issued a request to the
Tenerife Civil Registry to summon Ms X and her children for the purpose of
“recognition” of the minor children by their mother, and to initiate
proceedings to grant Spanish nationality to the applicant’s elder brother. The
Central Civil Registry instructed the Tenerife Civil Registry to publish the
corresponding decrees and to have Ms X, the applicant and his brother
examined by a forensic doctor. Lastly, it requested a report on the possibility
to proceed to registering their birth from the public prosecutor’s office.
37. The request could not be executed because it proved impossible to
summon Ms X, who could not be found and notified at the address she had
indicated for those purposes in her application.
38. The procedure was suspended for several years.
39. On 26 December 2001 the police issued a report stating that an ID
card in respect of the applicant’s brother could not be issued pending
submission of outstanding documents.
C. From 2002 to 2006
40. On 16 May 2002 Ms X appeared at the La Laguna Civil Registry and
requested the late registration of the births of her children, stating that she had
not provided the requested certificates because in her opinion the children
should have been registered at the Spanish embassy when they had been
repatriated, that the documents must have been destroyed by the earthquake
in Mexico, and that she only had documents concerning herself but that the
children had been included in her passport in order to proceed with the
repatriation in 1985.
41. On 5 August 2002 the Central Civil Registry instituted a new
procedure for the late registration of the births in respect of the applicant and
his brother. Ms X was asked to present the Mexican birth certificates for her
sons, which she was instructed to request from the Consular Affairs
Directorate of the Ministry of Foreign Affairs.
42. On 23 October 2002 Ms X appeared at the La Laguna Civil Registry
and stated that she did not have any birth certificates and that the children had
not been registered in their country of birth, Mexico, as she had already
explained on 16 May 2002.
43. On 5 February 2003 the Ministry of Foreign Affairs of Spain informed
Ms X that she needed to indicate at least the municipality and the date on
which her sons had been born in Mexico so that it could ask the Spanish
consulate in Mexico to search for their birth certificates in that country.
44. On 15 January 2004 the La Laguna Civil Registry requested the
Consular Affairs Directorate of the Ministry of Foreign Affairs to search for
7
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