The management of the tragic DANA that has left 220 dead and eight missing in the province of Valencia has unleashed a series of judicial actions which are mostly directed against the president of the Generalitat, Carlos Mazónalthough others also point to the Government Delegation in the Valencian Community and organizations dependent on the General Administration of the State. As reported by the Superior Court of Justice of the Valencian Community (TSJCV), these actions have been initiated in three ways: contentious-administrative, with two appeals; the criminal, with five complaints and complaints (before the TSJCV itself); and in investigative courts, with two other procedures. This provisional list adds six actions against Mazón, three against the Government (including those responsible for the Júcar Hydrographic Confederation and the State Meteorological Agency) and one against the councilor still responsible for Emergencies, Salome Pradas.
As regards the criminal routethe head of the Consell adds two complaints and three complaints filed before the TSJCVgiven his status as a certified person before the Valencian high court due to his status as a regional deputy. The first complaint has been filed by the organization Iustitia Europa against the president of the Generalitat in the Civil and Criminal Chamber and is currently in process once ratified. It is pending for the Chamber to decide on its jurisdiction and whether to admit it or not. The second complaint has been filed by an individual. After its registration, the complainant has been summoned to complete the complaint by presenting a special power of attorney to file it.
As for the complaintsthe first was filed before the Provincial Prosecutor’s Office of Valencia for a crime against workers’ rights by the CGT union against the president of the Generalitat, Carlos Mazón. The Prosecutor’s Office forwarded the complaint to the Civil and Criminal Chamber of the TSJCV upon being aware of the registration of the previous complaint, by Iustitia Europa, and it is in process, registered and pending a decision by the Chamber on jurisdiction and admission or inadmissibility. Two others were filed against Mazón, respectively, by private citizens, who are lawyers, and are also pending the decision on their admission. The second of them is also directed against the still Minister of Justice and Interior, Salomé Pradas.
The next block refers to the administrative litigationwhere two legal actions are currently being processed. The first of them is a contentious-administrative appeal filed by Liberum with a request for extremely precautionary measures against the Government Delegation in the Valencian Community. The Fourth Section of the Contentious-Administrative Chamber of the TSJCV declared itself not competent to resolve because the appeal was directed against the central Government and inhibited itself in favor of the Third Chamber of the Supreme Court, where it is currently located.
The second appeal has been presented by a lawyer for inaction against the Presidency of the Generalitat Valenciana and the Valencian Agency for Security and Emergency Response (Avsre). The Fourth Section of the Contentious-Administrative Chamber of the TSJCV has admitted it for processing and, in accordance with article 49 of the Law of Contentious-Administrative Jurisdiction, has sent an official letter to the defendant Administration to send the administrative files.
The last typology corresponds to complaints through criminal proceedings in ordinary courtsthat is, instruction. The first of them, filed by Clean Hands, is directed against officials of the CHJ, the Aemet and the Valencian Emergency Agency, dependent on the Generalitat. It fell, explains the TSJCV, to the Court of Instruction 15 of Valencia, which opened preliminary proceedings for the sole purpose of inhibiting knowledge of the facts in favor of the Court of Instruction 20 of the same city, as said body was the first. that opened proceedings for the death of a person in the capital for the corresponding autopsy. The same has been rejected by this last body because it is considered “premature” and there is no appreciation at this procedural moment of a “causal link” between the events reported in the complaint and the death of a resident of the district of La Torre (Valencia) for which The court began its proceedings.
The latest complaint has been filed by Hazte Oír against the Government delegate in the Valencian Community, Pilar Bernabe. It fell to the Investigative Court 10 of Valencia, which rejected it due to a formal defect, by not presenting a special but a general power of attorney. Therefore, it is inadmissible due to a correctable procedural defect regarding the power of attorney for the complaint.