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Jueves, 9 de enero 2025, 16:40
The Valencia Court of Instruction No. 15 has provisionally dismissed the proceedings initiated by two complaints filed by the Public Officials Union Manos Limpias against leaders of Aemet, the Júcar Hydrographic Confederation (CHJ), and the Valencian Emergency Agency for their management of the dana that affected the province on October 29.
In a ruling notified to the parties on Thursday, the court's judge reasoned that the complaints do not "sufficiently justify" any crime committed by the accused and added that the complainants propose a general cause or prospective investigation, which is prohibited in the criminal law of a constitutional state.
The magistrate does not see "an attribution of criminally relevant facts to each of the accused that would allow their judicial imputation, even provisionally," thus their approach, "completely generic, leads to an authentic investigation or general cause."
"It is not possible to initiate criminal proceedings to investigate a person, an entire professional or business field, or a social phenomenon in general, no matter how atrocious or regrettable they may seem," the judge elaborates in his resolution.
According to the ruling, the so-called 'inquisitio generalis' or general cause "has no constitutional legitimacy, as the Constitutional Court has declared on several occasions."
The judge cites this doctrine, according to which the "general inquisition" is "incompatible with the principles that inspire the criminal process in a rule of law like that enshrined in the Spanish Constitution."
The magistrate outlines in the resolution the legal functions attributed to the State Meteorological Agency (Aemet), the Júcar Hydrographic Confederation (CHJ), and the Generalitat's Secretariat of Emergencies, as well as the structures and organization of these institutions.
Regarding the president of Aemet, he concludes that the analyzed complaint does not present a single fact attributed to that official that is "criminally reprehensible," nor does it specify which of her functions the accused would have omitted that, "with a causal relationship, would have caused the death or injury of any person or damage to the property of affected citizens."
The same conclusion is reached by the court's head regarding the president of the CHJ, about whom it is stated that it is "not understood" why he is being accused, beyond the fact of being the president of that water entity.
Finally, regarding the then regional secretary of Security and Emergencies, the ruling states that the complaint does not provide reasons "why the accused is who he is and not anyone else" and does not present "a single attributable fact" to him, "so even less can it be considered that he has committed criminally relevant acts."
"The reason why the fact that a warning was not sent to the population until 20:10 from the CECOPI (Integrated Operational Coordination Centre) could serve as a basis for imputing him is unknown," the judge asserts.
In addition to agreeing to the provisional dismissal of the proceedings initiated by these two complaints, the head of the Valencia Court of Instruction 15 has decided not to consider Manos Limpias as a popular accusation in the procedure until it files the mandatory complaint or satisfies the bond that may be imposed on it at the time.
The ruling is not final and can be appealed for reconsideration and/or on appeal.
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