The Government sent a minor to the Prosecutor's Office for a post against tourist overcrowding

PalmaWhat could have been an anecdotal post on social media ended with a minor from Mallorca declaring as investigated before the Juvenile Prosecutor's Office. Guillem (a fictitious name to preserve his anonymity), 17 years old at the time of the events, found himself involved in a judicial process following an Instagram story in which he denounced the tourist overcrowding.

Everything originated one spring day last year, when the young man, an hiking enthusiast, was trying to return with a group of friends from Banyalbufar to Palma by a TIB bus. After waiting for hours and having seen several buses pass by which they could not board due to the large number of people – especially tourists –, Guillem recorded a video of dozens of people crammed together.

Those images were published as a 'story' – which disappears after 24 hours – on his Instagram account, which has just over 200 followers. The content denounced tourist saturation and was accompanied by a literary phrase that hinted that, if residents got tired of the situation, there could be violence, even with the possibility of the use of weapons.

Without being aware of it, the young man had published the message in the midst of social tension. The Government was going through a nervous moment due to the start of the tourist season, with growing overcrowding that had led to two massive demonstrations in just two months.

In this scenario, the publication went far beyond his circle. Profiles with thousands of followers, such as SOS Residents, which are dedicated to disseminating problems arising from tourist saturation, shared the content until it reached the hands of the Government.

According to the family's account, the complaint would have originated from a person –very important within the Autonomous Community” and, subsequently, an official from the Juvenile Prosecutor's Office confirmed to them that it came from the Presidency of the Government. At the end of last year, the minor's parents received a poorly written SMS in which their son was cited as investigated by the Juvenile Prosecutor's Office. Initially, they thought it was a scam, as they considered it was not the usual way to notify a judicial summons scheduled for a few days before Christmas.

The family, who professionally works in the legal world, did not give importance to the message, until, a few days before the indicated date, the father received several insistent phone calls from a number that apparently belonged to the Administration. An interlocutor who identified himself as a civil servant informed them that Guillem had to testify the next day for an alleged crime that did not formally appear anywhere.

After insisting, the father managed to have them explain that the facts were related to an alleged hate crime linked to turismo-phobia, that is to say, against tourists.

At that moment, the young man was already in his first year of university studies in Barcelona, for which reason the family requested a change of date so as not to interfere with the exams. The request was accepted after providing the enrollment and academic justification.

The judicial process

Finally, Guillem declared as a suspect, accompanied by a criminal lawyer, without having been formally notified beforehand of the crime or the accuser.

The young man recalls the process and the day of the statement as a “surreal” experience and assures that he felt in a hostile environment, “as if he were an Al-Qaeda terrorist”. He explains that he had to declare standing up in front of a microphone, without really knowing how to act. “With time, I am aware that I was able to handle it because of my way of being and because I like to chat, but I know other people my age who at that moment would have started crying or wouldn't have known what to say,” he states.

Among many questions, the young man assures that they asked him if he was part of any political entity or organization. The entire procedure took place in Spanish, and he did not dare to speak in Catalan for fear of possible reprisals. "I didn't know where I was and at no point was it made easy for me. When we went in, I sat next to my lawyer because I didn't even know where to put myself; it was he who told me I had to stand in front of the microphone," he explains.

For the family, the process has been "difficult and unnecessary." They assure that the published content had no real intention nor was it directed against any vulnerable group, and they consider it a waste of time by the Administration and ideological persecution. "We know our son and he is not a violent young man nor has he had any behavioral problems, he is a good student and does not belong to any radical group. But like any young person with concerns and who appreciates the territory, he is aware of the discontent derived from the saturation in Mallorca," they explain.

According to the family, the prosecutor in charge of the case did not question whether it was reasonable to consider that a 17-year-old, with no prior record and a normalized academic and social profile, could represent a public danger, and decided to continue with the procedure. For months, the family received no clear information about the status of the case. Not even the lawyer conveyed any updates; until, after insisting, it was learned that the prosecutor had decided to dismiss it, almost two months after making that decision. In total, about six months passed until there was clear communication.

A dismissal with personal consequences

The process had consequences beyond the judicial sphere. In the academic sphere, some exams did not go as well as expected. The family also highlights the constant stress, the repeated phone calls, the uncertainty about possible sanctions, and the fear that the case could have serious consequences.

In the economic sphere, the procedure involved a significant expense, in addition to a cost in time and "mental space". "I was lucky that my family never doubted me and was able to cover the expenses of the trips from Palma to Barcelona and the lawyer's fees, but not everyone could afford it, nor even understand the process," reflects Guillem.

In the resolution of the case's dismissal, it is concluded that it is a minor infraction with no economic prejudice, and it is textually stated that "the minor has shown remorse, given that it is understood that with the investigations carried out, he has already been sufficiently chastised".

Despite this outcome, the family considers that the process itself has been a punishment, with a strong emotional, academic, and economic impact. They regret that criminal law is used with a coercive and dissuasive function, instead of focusing on truly serious cases, and they denounce a disproportionate use of judicial tools.

The minor, for his part, expresses feelings of sadness, fear, and anger. He assures that the experience will not change his ideology – he believes that mass tourism is suffocating the territory – but he does believe that the procedure had a clear dissuasive intention. "It's not my case, but this same thing in another person with a different economic or social situation could make them live in fear of expressing themselves or protesting for life," he states.

He also admits to having learned that "people with power or with more resources can initiate processes of this type and it can change your life," and recalls cases like those of Pablo Hasél and Valtonyc. He argues that freedom of expression has limits, but considers that he did not exceed them and criticizes the lack of clarity about where these limits lie. "If instead of bothering with tourism, I had done it against migrants or against the LGTBI collective, surely nothing would have happened to me, because it happens every day on social media and no prosecutor summons them as investigated," he maintains.

According to their point of view, this contributes to a context in which “the one with money always wins” and in which political debate is trivialized, especially on social networks like TikTok. “Then people complain that young people are not interested in politics and that we are depoliticized; perhaps facts like these do not help people to express themselves, to think and to become politicized, because they can end up badly”, he reflects.

The case has ended without criminal consequences, but Guillem and his family will never forget the irreparable damage from nothing, as they consider that the process has meant unnecessary and unjustified suffering for them, with a clear dissuasive effect on the minor's freedom of expression in a context of institutional tension due to tourist overcrowding.