
Valencia
The head of the Court of first Instance and Instruction 3 of Catarroja has issued, this Friday, five cars and a providence, within the framework of the criminal investigation for the management of the Dana, where it agrees, among other things, to take a statement as witnesses to the mayor of Utiel, to Algemesí, to the Chief of Climatology of the AEMET in the Valencian Community and three workers of the Hydrographic Confederation of Júcar (ChJ).
In the first of the cars, the magistrate inadmits the exercise of the criminal action against the mayor of Utiel requested in a complaint for the daughters of a deceased. The judge considers that there is a “radical difference between the local and the autonomous administration in order to launch alerts to the population and the adoption of self -protection measures.”
In this sense, “the fragmentary analysis of the available information, not only by said City Council, but in general by all of them, unlike those who legally assumed the emergency command in the autonomous administration, who had multiple channels of information, prevents attributing the position of guarantor, not only to the mayor of Utiel, but to the rest of the mayors, who were surprised, they did not receive the precise information or specifically on the measures to be adopted, ”says the instructor.
That is why he concludes that the “indiscriminate” attribution of criminal responsibility in deaths to any public authority or official, and especially from the local authorities “must be discarded flat.” On the contrary, the judge agrees that this mayor declare as a witness.
In a providence, the magistrate has also agreed to receive a statement, also as witnesses, to the mayor of Algemesí and three CHJ officials, as a popular accusation that also exercises the individual in the name of a injured person had requested in a brief.
On the other hand, in a second car, it denies various research proceedings requested by another popular accusation, with the exception of citing as a witness the Chief of Climatology of the AEMET in the Valencian Community.
National Security and Vehicle Identification
The third order notified today denies the request of a particular accusation to be released to the Department of National Security to provide all the reports that said body could have issued on October 29, 2024, for considering it “an unnecessary diligence” in the instruction of this cause.
In the fourth car, the judge dismisses the appeal filed by a popular accusation against the decision of the Court to deny his request to identify the official vehicles used between October 29 and 30 of last year by the president of the Generalitat and his escorts, as well as by the two investigated in the case (former justice and internal secretary and former autonomic secretary of emergencies).
It was the Cultural Acció of the country Valencià who had requested that the vehicles used, with exit and return hours, both of the president of the Generalitat Carlos Mazón, and the then Minister of Emergencies, Salome Pradas and the regional secretary Emilio Argüeso, among other high positions, be identified. With respect to the president, the judge argues that he cannot practice proceedings regarding him when he has a condition, and reiterates that the offer to declare as a witness has been sent. In the rest of the cases, the judge does not practice this diligence because what affected the taking of the CoCopi was the late call, but it is not necessary to establish where each of these people were before starting that meeting.
Finally, the fifth car denies the request for a particular accusation that sought that the Court proposed to the Institute of Legal Medicine (IML) of Valencia that determines among the psychic sequelae the possible existence of concrete pathologies, without prejudice to the medical documentation that the applicants want to contribute.
The magistrate recalls that the IML experts are already doing “an exhaustive and weighted examination of the conditions or pathologies of the people under examination.”
It also rejects in this resolution the obtaining of the emergency calls made to the National Police, Civil Guard and Local Police, as well as the realization of an expert report on the “alleged falsehood” of a photograph in which the President of the Generalitat appears entering on October 29 at the Cecopi, in this case because the court has no competence with respect to said analysis because the image has not been contributed in the procedure.
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