The judge investigating possible crimes of Homicide and injuries due to serious recklessness In the management of the Catastrophic Dana of October 29, a complaint of the association has been inadmissible against the Government delegate in the Valencian Community.
In a car dated Monday, the head of the Court of First Instance and Instruction number 3 of Catarroja rejects, as requested by this association, investigating Pilar Bernabé for not having urged the Ministry of Interior to declare the emergency of national interest.
“To associate with the Government delegate the responsibility for the deaths and reckless injuries of October 29, when the competence in civil protection matters is autonomous and the inactivity occurred in that area, it lacks any legal grip,” he says, referring to to the role of the Generalitat Valenciana.
The brief states “there was consensus at the regional and central level in which the National Emergency Declaration did not proceed.” For alert the populationhe affects, “it was not necessary to urge” that statement, because “it could be performed perfectly from the autonomous sphere that was assuming the competences in emergencies” and therefore “it was not necessary to the central administration through the Ministry of Interior ».
«The closeness of the Autonomous Community To the citizens, to the place where the emergency was taking place, it constitutes an essential element in the field of civil protection, allows to know the severity of the emergency and agree on what is appropriate with the maximum speed, one of the principles by which it is governed Civil Protection, ”says the instructor. And one of those measures is “communication to the population of self -protection measures.”
In another order, also issued on Monday, the judge has decreed the free dismissal of a complaint for material damages caused by the ravine, while expressing a reserve of actions before the contentious-administrative jurisdiction.
Remember that the object of centralized research in Catarroja is “deaths and injuries, associated with a negligent action,” deaths that “could be avoided”unlike what happened with material damage. In that sense, it indicates that article 267 of the Criminal Code only punishes as a slight crime, with fine of three to nine months, the damages caused by serious imprudence in amount exceeding 80,000 euros.
The cause investigates more than 160 deaths
The cause already includes more than 160 of the 224 deaths officially registered, after accepting the inhibitions taken by different courts of Valencia, Picasent, Alzira or Torrent. In addition, since December the magistrate has made a statement to at least 60 witnesses – family members of the deceased – and has made an even greater number of actions of shares to the injured.
Many of them, who are in Psychological treatment Because of what happened, they are already being examined by the Institute of Legal Medicine of Valencia to evaluate their psychological damage and sequels, as explained by the Superior Court of Justice of the Valencian Community.
As ABC has been informing, the head of Instruction 3 of Catarroja has referred in different pronouncements to the “Palmaria absence of notices to the population, which could not take any measure to protect themselves” from the flood and that the mass message to mobile phones Of the citizens, issued at 8:11 pm on that fateful day, it was “remarkably late” and “wrong in its content.”
In the criminal procedure, a dozen private accusations have been appeared so far, on behalf of relatives of the victims, and three popular accusations (Vox, Podemos and FTAP-CGT) after the payment of paths of 6,000 euros. The same amount has been requested as a bond to exercise the popular accusation to two other entities, the Liberum already cultural association of the Valencià country. The PSPV-PSOE has also expressed its intention to exercise this right.
#Dana #judge #refuses #investigate #Government #delegate #refers #inactivity #Generalitat #Valenciana