The Catarroja Judge who investigates the deaths caused by the Dana catastrophic that swept the region of L’Horta Sud, in the Metropolitan Area of Valencia, last October he has returned to ask the Generalitat to say “in the improrable term five days ” Who was the person who made the decision to send the SMS of alert to the population at 8:11 pm on that Monday, when many of the victims had already been dragged by the current and the waters flooded streets, low floors and basements. In addition, he has asked the Júcar Hydrographic Confederation (CHJ), dependent on the central government, to facilitate the Data related to the flow of the Poyo Barranco between 16.13 and 18.42 of that day and requires how they were transmitted.
In a order notified on Thursday to the parties, the head of the Court of First Instance and Instruction 3 of Catarroj System Es-Alerta The mobiles of citizenssince in the documentation sent by the Department of Interior and Emergencies of the Generalitat “Information request is not answered On which person made the decision, “as reported by the Superior Court of Justice of the Valencian Community (TSJCV). In addition, the judge asks this department to also identify the official or technical that executed that order.
In the resolution the magistrate has also asked different media Videographic material about the flood of that rambla and the statements and communications made by authorities and emergency responsible, both about the knowledge of the ES-ALErt system and “about the alert level and the evolution of weather circumstances” during that date. In addition, he has cited to declare as an expert a researcher at the Polytechnic University of Valencia (UPV) in relation to a cartographic study in which the thoroughly detailed the dimensions to which the water reached after overflow of the Poyo Barranco in municipalities of the region of L’Horta Sud.
Measurements and “direct perception”
The judge considers that it is necessary to analyze Not only if the appropriate measurements occurred of the flow of the Poyo ravine and its knowledge by the emergency managers, but also if the “Simple direct perception of any nearby 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 population was communicated to the population and the evolution of weather circumstances by “other means” in a previous way, such as “Press conferences, public statements or official communications to the media “.
Along these lines, the 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 Catarroja “Ignorance is found by the victims of the very high risk situation in which they were due to the overflow of the Poyo Rambla, as well as the Barranco de L’Horteta. “
The magistrate remembers that many victims of the elderly They were on the low floors of their homes and died in them, while others were or They circulated the streets or went down to get vehicles of its garages when the alert message where it was urged to avoid displacements was sent to mobile phones at 20.11 hours.
Interval without messages from the Júcar Confederation
The car indicates that there is a time interval without messages about the flow of the Poyo Rambla in the communications of the CHJ of that afternoon of October 29, specifically between a mail dated at 4:13 pm and another at 18.42. However, Judge says – Confederation itself reported in a press release dated February 4 that the Automatic Hydrological Information System (SAIH) It 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 interval of time on the flow of the ravine and concrete “the medium used of transmission”, if it consisted of its publication on the website of the CHJ or some other was used.
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