The Prosecutor’s Office has decided to support an investigation into the management of the damage, which caused the death of 223 people and tens of thousands of victims in Valencia on October 29. This decision also represents his support for investigating the actions of the president of the Generalitat, Carlos Mazón, and his possible criminal responsibility.
What is the origin of the investigation request?
The actions of the Valencian Government, with its leader at the helm, reached the courts as a result of the presentation of several complaints and lawsuits. Collectives, associations, unions and even individuals went to court to investigate the possible criminal responsibilities of the political leaders who were in charge of the Emergency services on the day of the dana. The direction of these services corresponds to the Generalitat, which is why, in addition to Carlos Mazón, the complainants have accused the Minister responsible for Justice and Interior, Salomé Pradas, the General Director of Emergencies, Alberto Javier Martín Moratilla, and the Secretary regional Emilio Argüeso. Other complaints have pointed out those responsible for the Júcar Hydrographic Confederation and the State Meteorological Agency, Aemet, as responsible for negligent management.
The Civil and Criminal Chamber of the Superior Court of Justice of the Valencian Community agreed to consolidate in the same case the seven complaints and complaints filed against the President of the Generalitat Valenciana for the management of the damage because they deal with the same facts, while at the same time At least two others remain in two ordinary courts.
What crimes are investigated?
Although the facts for which the accusations are presented are the same, they consider that different crimes have been committed. In the document in which the Prosecutor’s Office supports the investigation, it highlights that the “factual accounts are essentially coincident, and so are the omissive infractions, inactions and lack of diligence that lead to the results attributed to the defendants and denounced.” While some accusations point to Carlos Mazón as the author of a crime of prevarication, omission of the duty to provide assistance and against the rights of workers, others point to him as guilty of a crime of injuries, reckless homicide and reckless damage due to “non-compliance.” adoption of some decisions that, in their opinion, would have avoided or mitigated the fatal outcome due to the number of deaths,” according to the Prosecutor’s Office. Also the pseudo-union Clean Hands denounced the possible commission of the crimes of reckless homicide, recklessness and damages due to the consequences of the damage.
Which court does the investigation correspond to?
Mazón’s status as a certified person does not allow his actions to be investigated by an investigative court which is, in the opinion of the Prosecutor’s Office, where “a complete judicial investigation into the events that occurred, specifying the intervention, or, where appropriate, inaction, must be carried out.” , of each of the defendants and denounced. The Prosecutor’s Office could have refused to investigate the facts, but what it has done is not to support the admission of the special case in the Superior Court of Justice, which accumulated all the accusations against Mazón, and to refuse to investigate, at this time. the Superior Court of Justice of the Valencian Community so that it is an investigative court that leads the investigations to, subsequently and in the event that there are sufficient indications of criminality against Carlos Mazón, submit a reasoned statement before the Superior Court of Justice to to decide on his judicial status.
In its writing, the Prosecutor’s Office highlights that the status of the President of the Consell as authorized “is unquestionable” and that “in accordance with jurisprudential doctrine, it is not appropriate to initiate the investigation of the procedure” by the Civil and Criminal Chamber of the TSJ of the Valencian Community. “This would mean that this Court would assume an investigative activity from the incipient state in which Special Case 55/2024 is located, in order to elucidate whether there are founded indications of criminal responsibility against the only authorized person, when that power corresponds to the Investigating Courts. , who are generally responsible for carrying out the actions of the instruction phase; and if its result reveals sufficient merits to proceed against him, the single-person body that finally knows the facts, through the appropriate reasoned presentation, will inform the Chamber.”
At this moment, only Carlos Mazón is certified. Salomé Pradas lost her immunity the moment her dismissal as a member of the Valencian Government was published, but she could recover it if she returned to the Consell. Deputies and senators also enjoy this privilege, although they must respond to the Criminal Chamber of the Supreme Court.
What processes are in place?
In the Valencian courts there are a dozen cases presented by the management of the dana. However, there are many others in the Supreme Court, to which the members of the Government respond. In those registered, directed against the President of the Government, Pedro Sánchez and against the Minister of the Interior, Fernando Grande-Marlaska, they are accused of the crimes of reckless homicide and omission of the duty to provide assistance, for not activating the state of emergency and taking the control. Former vice president Teresa Ribera has also been accused of her responsibility in the Júcar Hydrographic Confederation, a body on which the PP has tried to pin the blame for an alleged “information blackout” on the day of the tragedy.
One of the cases opened in the Supreme Court was a contentious-administrative appeal formulated against Pedro Sánchez for “the inactivity of the President of the Government of Spain” as well as the Minister of the Interior, Fernando Grande-Marlaska, “in the management of the catastrophic emergency that occurred by the dana on October 29, 2024 and following. The court has decided not to admit the appeal, considering that this is not the jurisdiction in which the Government’s inactivity for not declaring a state of alarm can be dealt with, but also “for lack of active standing.”
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