"Pedro J.'s swimming pool should make us think: we must fight against illegalities even if the powerful do them"
The news advanced by ARA Balears caught Jaume Sastre, the complainant of the case, by surprise because he had not yet received the notification
The news, first broken by ARA Balears, about the Government's authorization to demolish Pedro J. Ramírez's illegal pool surprised the case's whistleblower, Jaume Sastre. "My lawyer is traveling and I don't know if we've been notified. Obviously, when I read it, I was happy because it's been many years of fighting, and it's one more step," he admits.
However, Sastre doesn't want to celebrate anything because this important milestone is not the end yet: "This is a marathon against the powerful and illegalities, and all those who lecture others and don't comply with the regulations, and until we cross the finish line, I won't sing victory. It's important because the regional government has now admitted the situation and is enforcing a ruling that, let's not forget, is from 2021. I think it's finally time to bring order to the coast," Sastre concludes.
The current president of the Sovereignist Assembly and historic Mallorcan activist recalls that it was in 2004 when he had his first 'run-in' with the pool and its users. "We knew it was irregular, and that it was on public land. Therefore, we went to the site along the coast, without entering any private property, and asked to access the pool. I brought a notary, who confirmed how we were barred from entry. And therefore, no public use. The coast was being used privately with an authorization that did not permit that," he assures.
With this confirmation, Sastre requested the file from Costas, which was then entirely under the State's jurisdiction, "and of course, they didn't answer us. But administrative silence allowed me to file an administrative lawsuit which was the twin of the first judicial episode, and which would end in 2015 at the Supreme Court. We achieved a moral victory, but unfortunately, the Court did not delve into all aspects, and therefore we could not claim the demolition," he recalls.
The "ridiculous" report from Jaume Matas's minister
At that time, the steps taken by the PP Government, with Jaume Matas at the forefront, were already known, issuing a report that the plaintiff considers "ridiculous", in which the then Minister of Education, Tito Fiol, stated in writing that the swimming pool was an educational resource for the students of Son Servera.
But it was after the Supreme Court ruling when an interview with Pedro J. Ramírez alerted Jaume Sastre again: "He stated on Television that he already had the swimming pool legalized. And I said this is impossible, it's a lie, something has happened here. I told myself that it was necessary to investigate the entire file again, and I asked for it," he explains. When he had the file, Sastre discovered that the State had recovered ownership of the illegal swimming pool, staircase, and terrace at one point, "because the widow of the previous owner had not paid the fee. This was an important first element to build a judicial case again and we discovered that Matas had intervened again to try to simulate a letter of legality to all of this," says the activist.
An environmental fine
In the investigation that Jaume Sastre reopened, he was also able to confirm how "the first Government of Francesc Antich had been brave in part, since the Minister of Environment Margalida Rosselló had imposed a significant fine. Curiously, the payment had not been claimed, and the minister Joan Mesquida came out saying that it had been lost. All this demonstrated the influence and power that Pedro J. had," he states.
But Sastre did not give up "you can't do it, especially not in front of the powerful if you are right. The pool was illegal, it could not be in public domain, it had no authorization and it was only a matter of having patience and perseverance. We have been providing all the documentation requested, and obviously, there comes a point when injustices can no longer be tolerated by the administration, because then they themselves enter into a delicate situation," he affirms.
Now, Sastre is very clear that there is still one last hurdle: the municipal license that must be granted by the Son Servera City Council, the municipality to which Costa dels Pins, where the illegal pool is located, belongs. "In part, it should be no problem because we are facing the compliance with a sentence from the National High Court, ratified and blessed now by the Government. But let's not fool ourselves, everyone here is afraid. We will have to ask the council to do its job and re-establish legality," he concludes.