Judge Nuria Ruiz Tobarra has notified today Friday, May 2, five cars and a providence in which the head of the Court of first Instance and Instruction 3 of Catarroja 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 the Júcar.
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.”
The judge sees a “radical difference between local and autonomic administration in order to launch alerts to the population”
The magistrate argues that “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 regional administration, who had multiple information channels (…), prevents attributing the position of guarantor, not only to the mayor of Utiel, but to the rest of the mayors, who were not surprised, they did not receive the information, they specifically advised on the measures to be adopted. ”
Consequently, the instructor concludes that the “indiscriminate” attribution of criminal responsibility in the deaths of any public authority or official, and especially of the local authorities “must be discarded flat.” On the contrary, the judge agrees that this mayor declare as a witness.
The judge refuses to carry out an expert evidence on the “alleged falsehood” of this photo, because she is not contributed to the procedure.
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.
In a second car, the judge denies various investigation proceedings requested by another popular accusation, but admits to cite as a witness the Chief of Climatology of the Aemet in the Valencian Community.
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 of justice and former autonomic secretary of emergencies).
Finally, the fifth order denies the request for a particular accusation that sought that the court proposed to the Institute of Legal Medicine 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 experts of the institute are already doing “an exhaustive and weighted examination of the conditions or pathologies of the people under examination.”
The Chief of Climatology of the AEMET in the Valencian Community and three Chj officials will declare as witnesses
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.
