The head of the Investigative Court number 15 of València has agreed to the provisional dismissal of the proceedings opened by two complaints filed by the pseudo-union Clean Hands against officials of the Aemet, the Júcar Hydrographic Confederation (CHJ) and the Valencian Security Agency and Emergency Response for their management in the face of the catastrophic DANA on October 29.
The head of the court, in an order notified this Thursday to the parties and which is not final, reasons that the “commission of any crime” by those accused does not appear “sufficiently justified” in the complaints and adds that the complainants raise a general cause or prospective investigation, prohibited in the criminal legislation of a constitutional State.
The neo-fascist lawyer José Luis Roberto is the legal representative of the pseudo-union, according to the order released this Thursday by the Superior Court of Justice of the Valencian Community. Roberto was also in charge of the private accusation of the minor abused by Mónica Oltra’s ex-husband in the case, instructed by the same judge, which has led to the prosecution of the former vice president of the Valencian Government for the alleged maneuvers of her department in relation to the abuses.
Magistrate Vicente Ríos does not appreciate “an attribution of criminally relevant facts to each of the accused that would allow their judicial accusation, even provisional”, so his approach, “completely generic, leads to an authentic investigation or general case.”
“It is not possible to initiate criminal proceedings to generally investigate a person, an entire professional or business field, or a social phenomenon, no matter how atrocious or regrettable they may seem,” the instructor elaborates in his resolution.
The so-called inquisitio generalis or general cause, As the order recalls, “it does not have constitutional legitimacy,” as the Constitutional Court has declared on several occasions.
The instructor cites this doctrine, according to which the “general inquisition” is “incompatible with the principles that inspire the criminal process in a State of Law such as that enshrined in the Spanish Constitution.”
In the resolution, the magistrate details the legal functions attributed to the State Meteorological Agency (Aemet), the Júcar Hydrographic Confederation (CHJ) and the Autonomous Emergency Secretariat of the Generalita, as well as the structures and organization of these institutions.
Regarding the president of the Aemet, it concludes that the complaint analyzed does not expose a single fact attributed to the person responsible that is “criminally reprehensible”, nor does it expose which of her functions the accused would have omitted that, “with a causal relationship, would have caused the death or injury of any person or damage to the property of the affected citizens.”
The instructor reaches the same conclusion regarding the president of the CHJ, Miguel Polo, about whom he indicates that he cannot “understand” why he is being reported, beyond the fact that he is the president of that water entity.
Finally, with respect to the then regional secretary of Security and Emergencies, Emilio Argüeso, the order establishes that the complaint does not provide the reasons “why the accused is who he is and not anyone else” and does not expose “a single fact attributable” to the himself, “so it is even less possible to consider that he has committed criminally relevant acts.”
“The reason why the fact that a notice was not sent to the population until 8:10 p.m. from the Cecopi (Integrated Operational Coordination Center) could serve as a basis for charging him is unknown,” says the instructor.
In addition to agreeing to the provisional dismissal of the proceedings opened for these two complaints, the head of the Court of Instruction number 15 of Valencia has decided not to have Manos Cleans as a popular accusation in the procedure until he files the mandatory complaint or pays the bail that in his moment may be imposed on him.
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