The Civil and Criminal Chamber of the Valencian Superior Court of Justice has issued an order in which it agrees to inadmiss the three complaints and the four complaints filed against the president of the Generalitat, Carlos Mazón, for the management of the DANA, as the Public Prosecutor’s Office had requested.
According to the TSJCV, in any case, as the magistrates warn in their resolution, the inadmissibility of these complaints and complaints does not imply that their promoters “are deprived of the exercise of criminal action”, since they can urge the initiation of this if they wish. preliminary procedure in the “natural habitat of the Investigating Courts”.
Among the decisions that the Investigating Judge who is competent may adopt in the future – the Chamber details – once the investigation has been exhausted and the necessary investigative procedures have been carried out, is to submit a reasoned statement to the TSJ if there are “solid indications against the person certified against whom he/she did direct the complaint”.
The Chamber, which had already accumulated these complaints and complaints in a single case through an order, applies in its resolution the jurisprudence of the Supreme Court according to which the presence of “qualified evidence against authorized persons is required so as not to remove the investigations from their scope.” natural primary”.
The magistrates do not appreciate, in the reports of “plural” events and of “diverse origin” made by the complainants and plaintiffs, “objectified indications that with consistency or solidity” that could lead to declaring the jurisdiction of the Valencian High Court to investigate the accused. in this jurisdictional headquarters at this time.
The Court agrees with the report of the Prosecutor’s Office in that the accusations made, mostly relating to the omission of decisions that would have avoided or mitigated the fatal result due to the number of deaths -223 according to the latest official figure-, derive from a “relationship cause/effect” and an attribution of criminal responsibility that focuses exclusively on the result, “apart from the specific intervention of the accused, which, to this day, is not identified.”
“The Chamber is not insensitive to the tragedy that occurred. The starting point, inexcusable duties of the authorities who in their respective fields of action must adopt measures to protect citizens from the risk of floods such as those experienced, and the point of arrival , personally and materially terrifying, are not controversial,” the order states.
However, “none of the initiating acts that have been described in the background to this resolution offer that indicative picture of a certain level that is required to assume our competence,” he then states.
Along these lines, the TSJCV also refers to the jurisprudence of the Supreme Court to refer to the so-called “principle of guilt due to one’s own act”, which prevents “objective attributions of responsibility from being made due to the mere fact of the position or position that a specific person position in the organization, no matter how high it may be.
For this reason, the operative part of the order declares the jurisdiction of the Chamber exclusively to issue this resolution in relation to the accused – and not to the other defendants (the former Minister of Justice Salomé Pradas and two other former officials of that department) – and establishes the inadmissibility of the complaints and complaints and the archiving of the proceedings, “without prejudice, where appropriate, to what may arise from a possible investigation carried out by the corresponding Court of Investigation.”
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