The head of the Court of First Instance of Instruction 3 of Catarroja has requested the Generalitat again to communicate which person made the decision to send to the population the alert SMS for the DANA on October 29, while requested to the Hydrographic Confederation of Júcar (CHJ) that facilitates the data related to the flow of the Poyo ravine between 16.13 and 18.42 hours of that day and requires how they were transmitted.
In a car that has been notified this Thursday to the parties, the magistrate has also agreed ES-ALErt system as “on the alert level and the evolution of weather circumstances” during that date.
Finally, he has agreed to declare as an expert a researcher at the Polytechnic University of Valencia in relation to a cartographic study in which the levels at which the water reached after the overflow of the ravine of the Poyo Poyo is detailed thorough In municipalities of the region of L’Horta Sud.
The judicial resolution states that from the practice of the offerings of actions and statements of witnesses and relatives of the deceased of the Judicial Party of Catarroj La Rambla del Poyo, as well as the ravine of L’orteta ”.
The magistrate remembers that many victims of the elderly were in the low floors of their homes and died in them, while others were or circulated through the streets or went down to take vehicles out of their garages when the alert message where it was urged Avoid travel was sent to mobile phones at 8:11 pm.
The judge considers that it is necessary to analyze not only if the appropriate measurements of the flow of the Poyo ravine and their knowledge by those responsible for emergencies were produced, but also if the “simple direct perception of any close person” to that rambla of the “Intensity of overflow” could allow those responsible to know the situation.
In addition to analyzing the remission of the SMS by the ES-ALErt system, the head of the judicial body understands that it must also be elucidated if the risk of the population and the evolution of the weather circumstances by “other means” prior, in a previous way, was communicated. as “press conferences, public statements or official communications to the media.”
Regarding the sending of the alert SMS to the population, the judge indicates that in the documentation sent by the Department of Interior and Emergencies of the Generalitat, the request for information about which person made the decision, so it requires that it requires requiring to the Autonomous Administration to communicate it “in the non -extendable term of five days.” He also asks the Department to identify the official or the technician who executed that order.
On the other hand, the car indicates that there is an interval of time without messages about the flow of the Poyo Rambla in the communications of the CHJ on that afternoon of October 29, specifically between an email dated at 16.13 hours and another to 18.42.
However, the judge said – Confederation itself reported in a press release dated February 4 that the Automatic Hydrological Information System (SAIH) worked and transmitted updated data every five minutes.
It is for this reason that the magistrate requires the water entity that facilitates “the integrity” of the existing data in that time interval on the ravine flow and concretizes “the means used of transmission”, if it consisted of its publication in its publication in The chj website or someone else was used.
The car, which has already been notified to the Prosecutor’s Office and the seven private accusations personally personally in the procedure, can be appealed in reform or appeal.
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