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Tuesday, May 06, 2025

Court Rejects Investigation of Valencian Leaders over Dana Management

The judge determines no grounds for imputing President Mazón and Government Delegate Bernabé in connection with the deadly storm's consequences.
The judge investigating the management of the Dana storm that struck on October 29 has declined to elevate a matter for potential prosecution to the Valencian High Court regarding President of the Generalitat, Carlos Mazón, and the Government Delegate in Valencian Community, Pilar Bernabé.

In a judicial ruling, the presiding judge of Court No. 3 in Catarroja, Nuria Ruiz Tobarra, responded to a request from a private accusation asserting that neither official had sought a national emergency declaration due to the severe storm, which resulted in 227 fatalities.

The judge highlighted that investigations must adhere to the requirements set by a ruling from the high court on December 23, emphasizing that any referral must be made if 'solid evidence' exists against a person with protective legal status, such as Mazón. She noted that since the investigation into the Dana is ongoing, the request for the referral is premature.

Further, Judge Ruiz Tobarra denied the request to charge Bernabé, reiterating her previous conclusions that civil protection falls under regional jurisdiction.

She pointed out that the inaction resulting in fatalities and injuries on October 29 occurred at the autonomous level.

While she acknowledged the significant destruction in the aftermath, such as power outages and damaged infrastructure, she stated that these issues were not directly related to her current investigation.

She emphasized that the focus of this legal proceeding is to investigate the deaths, including that of a pregnant woman, as well as the injuries sustained and the absence of adequate measures to protect the public during the initial storm.

The judge clarified that declarations of national emergencies can be initiated by the Ministry of the Interior, either autonomously or through requests from regional authorities or government delegates.

Ruiz Tobarra stated that no national emergency was declared nor proposed by the Valencian government officials involved, corroborating that there was a consensus at both the regional and national levels against the need for an emergency declaration on October 29 and in the days following.

The ruling underlines that the declaration of a national emergency was not necessary to alert the population and implement self-protection measures, maintaining that the investigation's scope does not include assessments of events post-October 29.
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