An unexpected turn of events has impacted the investigation into the demolition of the 'Irurak Bat' mansion in Algorta, Getxo. A recent ruling by the Basque High Court of Justice (TSJPV) concerning a similar case involving the 'La Aldea' villa in Neguri casts doubt on any further progress in the criminal proceedings for alleged urban planning offenses.
Consequently, the investigating judge, Marcos Amor, presiding over Court number 2 of the Civil and Instruction Section of the Getxo Court of First Instance, has suspended the testimonies of several experts scheduled for Friday, June 19. This decision follows the submission of the TSJPV's ruling to the case file, which states that 'municipal custody assets do not automatically become basic protection cultural assets,' thereby potentially allowing for their demolition.
This new jurisprudence, dated June 9, could lead to the closure of the 'Irurak Bat' mansion case. The TSJPV emphasizes that municipal custody assets do not automatically gain the status of basic protection cultural assets and that demolition permits can be considered granted through administrative silence. The Getxo court has accepted this ruling as documentary evidence and, considering its potential relevance to the legal assessment of the investigated conduct, has decided to suspend the scheduled testimonies.
Furthermore, the court has also suspended the request from the defendants' legal representatives to prevent the Ertzaintza (Basque Police) from accessing the content of electronic devices seized during searches. This measure will remain in effect until it is determined whether the investigation will continue.
The defense for Ander Madariaga, head of Biurban (the developer responsible for the luxury housing project on the mansion's site), has stressed that the TSJPV ruling 'obliges a reconsideration of the criminal investigation in its entirety.' They argue that the 'Irurak Bat' building, like other municipal custody properties in Getxo, does not fall under the scope of the Basque Cultural Heritage Law 6/2019, thus negating the existence of evidence for crimes against historical heritage. The defense maintains that the demolition of such properties is fully permissible under Article 11.6.2 of Getxo's General Urban Planning Plan (PGOU).
