The Court of Instruction number 15 of Valencia has agreed provisional dismissal of the proceedings opened by two complaints filed by the Collective Union of Public Officials Clean Hands. Those affected by these complaints are the State Meteorological Agency (Aemet), the Júcar Hydrographic Confederation (CHJ) and the Valencian Emergency Agency for his management against DANA, that affected the province on October 29 and left more than 220 victims and material damage in more than 80 municipalities.
In an order this Thursday notified to the parties, the head of the court reasons that does not appear “sufficiently justified” in the complaints the commission of any crime by those accused. Furthermore, he adds that the complainants raise a general cause or prospective investigation, something that is proscribed in the criminal legislation of a constitutional State, as reported by the Superior Court of Justice of the Valencian Community in a statement (TSJCV).
Specifically, the complaints were directed against the president of the Aemet, María José Rallo; the president of the CHJ, Miguel Polo, and the then regional secretary of Emergencies, Emilio Arguesofor the alleged crimes of reckless homicide, serious injury and reckless damage.
The magistrate does not appreciate “an attribution of criminally relevant facts to each of the accused that allows their judicial accusation, even provisional”, so its approach, “completely generic, leads to a true investigation or general case.”
“General cause”
“It is not possible 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. According to the order, the so-called inquisitio generalis or “general cause”has no constitutional legitimacyas the Constitutional Court has declared on several occasions.
The instructor cites that doctrine, according to which the “general inquisition” results “incompatible with the principles that inspire the criminal process in a State of Law such as that enshrined in the Spanish Constitution.” The magistrate explains in the resolution what are the legal functions attributed to Aemet, the CHJ and the Autonomous Secretariat of Emergencies of the Generalitat, as well as as the structures and organization of these institutions.
Regarding the president of the Aemet, he concludes that the analyzed document does not expose a single fact attributed to that person responsible that is “criminally reprehensible“, nor which of its functions the accused had 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 head of the Court reaches the same conclusion regarding the president of the CHJ. In this case, the resolution states, the complaint “is limited to stating that the Automatic Hydrological Information System it didn’t work properly or that the Confederation ‘could’ have detected and alarmed about the flood that was coming or refers to the lack of updating the data of a flow at a certain time; or that they made certain investments”.
But, the magistrate points out, “nor is any element provided that allows to support what is said, nor is it possible to understand why it is reported”, beyond the fact of being the president of that water entity, “ignoring its functions and not exposing any criminally reprehensible actions of the same.”
Finally, with respect to the then regional secretary of Security and Emergencies, the order establishes that the complaint does not provide the reasons “why the accused is who he is and not anyone else“and emphasizes that he is “completely” unaware of the organizational chart of the regional secretariat and the Valencian Agency for Security and Emergency Response. According to the proceedings, “not a single fact attributable” to it is exposed, “so even less “it can be considered that he has committed criminally relevant acts”.
Along these lines, he adds that this autonomous secretariat exercises its functions under the head of the Department and that although the accused is the director of the Avsre, it has a general subdirectorate of Emergencies and this has an Emergency Coordination and Emergency Response Service. This depends on the Emergency Coordination Center.
“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) is unknown can serve as a basis for imputing“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 15 of Valencia has decided not to have Manos Liminas as a popular accusation in the procedure until you file the mandatory complaint or pay the bail that may be imposed at the time. The order is not final and can be appealed in reform and/or appeal.
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