The head of the Court of Instruction number 3 of Catarroja focuses her investigation of the Dana on October 29 on the “avoidability” of the “overwhelming” number of deaths. The instructor considers that the mass alert sent to mobile phones on the day of the Dana, in addition to “remarkably” late (at 20.11, when the population was literally with the water around the neck) contained a message “wrong in its content.” The text of the message, competition of the Generalitat Valenciana according to the protocol, only advised to avoid displacements, despite the fact that “many of the victims died without leaving the ground floor of their home, when they went down to the garage, or simply by be on public roads, ”adds the judge. “In short, material damages could not be avoided, deaths yes,” he concludes after the statements of relatives and witnesses
The magistrate reiterates, in a car that has had access eldiario.es, that the investigations focus “in the palmaria absence of notices to the population that could not take any measure to protect themselves.” “The relatives of the victims have been repeatedly stated about this,” says the judge, who also insists that the Statute of Autonomy “establishes as the exclusive competence of the Generalitat [la] civil defense”.
The magistrate points out that her investigation focuses “exclusively” on the alleged homicides and reckless injuries that, for the moment, includes those killed in the Catarroja Judicial Parties (76 dead) and Torrent (80), in addition to a missing person in Picassent and the reckless injuries. However, the judge refers to future inhibitions of other courts by the same facts related to the Dana. “The total assumption of possible inhibitions would total a total of 224 deaths and three missing,” says the instructor.
The car, referring to the complaint of the Association of Wasses Dana Horta Sud, remembers that the investigation excludes damages for alleged serious imprudence. “It is evident that the material destruction that ravaged the populations has had and will have an emotional impact that will last for a long time, but its repair must be carried in other areas and jurisdictions, not at the headquarters of this procedure, with respect to which it has to reiterate again [que] Investigate deaths and injuries, ”explains the magistrate.
This fact, on the other hand, does not exclude that the repair of material damage – “the destruction that has ravaged the populations and that has affected thousands of people” – can be obtained in other jurisdictions outside the criminal procedure that the magistrate instructed .
The complaint of the association regretted that for more than two decades a series of works could have been carried out that, in their opinion, would have reduced the impact of the ravine. “These issues are affecting political action for several decades, in which various administrations would be involved, both at the level of central, autonomous and even local administration,” recalls the judge.
In addition, the magistrate already warns that the construction in flood areas or the proposal for the connection of the Poyo ravine with the channel of the Turia “lack the relationship” with both the autonomous emergency managers and with the current president of the Hydrographic Confederation of the Júcar , Miguel Polo, one of those complaints by the association.
A second resolution responds to the proceedings requested by the popular accusation that Podemos exercises in its personation brief in the case. The magistrate specifies that both the actions of the Integrated Operational Coordination Center (Cecopi) and the remission of the ES-Alert are already subject to the proceedings practiced.
The role of firefighters
We can also ask that two reports be requested on the actions of the Firefighters dependent on the Generalitat (Forestry) and the City of Valencia, to specify the reason for the “lack of mobilization.” However, the judge alleges the “absolute impossibility of firefighters to avoid or simply reduce the very high number of deaths or injuries that took place on October 29”.
The magistrate argues that a “causality relationship” can not be established between the deaths and the lack of deployment of the firefighters, or that it was partial, “precisely because of how the victims lost their lives.”
We can, on the other hand, have sent a letter to the Court in which it requires that its request focused “specifically” on “verifying the effective mobilization” of the Fire Bodies by the Generalitat and the City of Valencia, always under of the “public and notorious” complaints of some of its troops for their “lack of mobilization.”
Purple formation considers that it would have criminal relevance and establish a “causal relationship” between the lack of mobilization and the “absence of rescue of victims who died after the floods.”
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