The Superior Court of Justice of the Valencian Community (TSJCV) has inadmissible the three complaints and the four complaints filed against the president of the Generalitat, Carlos Mazón, for his management of the catastrophic dana of October 29.
The Civil and Criminal Chamber agrees with the Prosecutor’s Office that any procedure on the facts must first be initiated in an investigative court to carry out a preliminary investigation to clarify whether there are sufficient indications of criminality to charge the accused or not.
In that sense, the Chamber, which had already accumulated seven complaints and complaints in the same case, applied in its ruling this Monday the jurisprudence of the Supreme Court, which requires the presence of “Yoqualified indications against authorized persons so as not to remove investigations from their natural primary scope.
The magistrates do not appreciate in the accounts of “plural” events and of “diverse origin” that their promoters carry out “objectified indications that with consistency or solidity” could lead to declaring the jurisdiction of the Valencian high court to investigate the accused in this jurisdictional seat in these moments.
They agree with the Public Ministry – which reported in favor of a “single and joint” criminal investigation in investigation – in that the accusations made, mostly related to the omission of decisions that would have avoided or mitigated the fatal result due to the number of deaths , derive from a “cause/effect relationship” and an attribution of criminal responsibility that focuses exclusively on the result, “regardless of the specific intervention of the accused who, to this day, it is not singularized».
«The Court is not insensitive to the tragedy that occurred. “The starting point, the 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,” indicates the car.
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.”
In this regard, the TSJ 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 holds in the organization, no matter how high it may be.”
Without competition over the former councilor and the two positions
In any case, as the magistrates warn in their resolution, the inadmissibility does not imply that the complainants and complainants “are deprived of the exercise of criminal action”, since if they wish they can urge the initiation of this preliminary procedure in the “natural habitat of the Investigative Courts».
In that case, the competent judge, once all the pertinent investigative procedures have been carried out and if there are “solid indications against the certified person against whom he directed the complaint”, could submit a reasoned statement to the TSJ requesting his indictment.
Therefore, the operative part of the order declares the jurisdiction of the Chamber exclusively to issue this resolution in relation to the authorized person and not to the three other denounced. Thus, it establishes 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.”
The complaints and complaints filed against Carlos Mazón after the flood were the first of the organization Iustitia Europa; two from the CGT union; two presented by lawyers; and two more from individuals. Some were also directed against the former Minister of Justice Salome Pradasthe former regional secretary of Emergencies Emilio Argueso and the general director of the rank Alberto Martin.
As a whole, they were charged with the alleged crimes of omission of the duty to provide assistance, prevarication, serious imprudence, abandonment of public service, homicide due to recklessness, injuries, damages and against the rights of workers. The tragedy has left a provisional toll of 223 dead, three missing and multimillion-dollar damage.
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