Valencia Prosecutor Dismisses Charges in Poyo Ravine Disaster Investigation
The prosecutor's office rejects claims linking lack of maintenance to the tragedy caused by severe flooding amidst ongoing judicial proceedings.
The Prosecutor's Office of Valencia has dismissed a complaint filed by an association of victims seeking to broaden the investigation into offenses related to the severe flooding event, known as DANA, that struck the region on October 29. Prosecutors stated that it cannot be definitively concluded that the damage caused by the destructive flooding was due to inadequate maintenance by the Hydrographic Confederation of the Júcar (CHJ) of the Poyo Ravine or the lack of actions from the Conselleria regarding necessary works.
Furthermore, they indicated that the damages stemmed from the overflow of rainwater that defines the Poyo Ravine.
In their statement, the prosecutors noted that it would be 'inviable' to distinguish between the financial losses resulting from the overflow of watercourses and the damage caused by sediments carried by the floodwaters.
Consequently, the prosecutor's office supports the ongoing judicial investigation led by the presiding judge, which focuses on the fatalities and the absence of alerts to the public.
So far, the judge has only charged the former Minister of Justice and her deputy.
The prosecutor's office rejected the complaint presented by the Association of Victims of DANA from Horta Sud, which sought to categorize the events related to the October 29 flooding as crimes of 'serious negligence, failure to assist, and administrative prevarication due to omission.'
The prosecutor underscored that for a crime to be classified as caused by serious negligence, it necessitates the 'production of a result coinciding with a causal relationship between careless actions that trigger the risk (in this case, the lack of maintenance of the ravine) and the resultant damage.'
Additionally, the prosecutor's office expressed no basis for applying charges regarding failure to assist, as this offense can only occur with intent—either through direct intent knowing the victim's vulnerable situation or through the awareness of an imminent risk to the victim's life.
In this context, it was noted that the complaint fails to provide any evidence linking the actions of the Valencian authorities with the circumstances of abandonment required for that crime.
The assertion detailed that the duty to act in cases of failing assistance 'does not derive from the position or responsibilities held by individuals but from a collective duty to offer aid in the face of imminent and serious danger to a vulnerable person potentially at risk of losing their life.'
Moreover, the prosecutor's office does not find grounds for accusations of administrative prevarication as claimed by the victims' association, arguing that 'not every omission or failure to fulfill a duty by an authority can be classified as administrative prevarication for omission.'
Furthermore, they indicated that the damages stemmed from the overflow of rainwater that defines the Poyo Ravine.
In their statement, the prosecutors noted that it would be 'inviable' to distinguish between the financial losses resulting from the overflow of watercourses and the damage caused by sediments carried by the floodwaters.
Consequently, the prosecutor's office supports the ongoing judicial investigation led by the presiding judge, which focuses on the fatalities and the absence of alerts to the public.
So far, the judge has only charged the former Minister of Justice and her deputy.
The prosecutor's office rejected the complaint presented by the Association of Victims of DANA from Horta Sud, which sought to categorize the events related to the October 29 flooding as crimes of 'serious negligence, failure to assist, and administrative prevarication due to omission.'
The prosecutor underscored that for a crime to be classified as caused by serious negligence, it necessitates the 'production of a result coinciding with a causal relationship between careless actions that trigger the risk (in this case, the lack of maintenance of the ravine) and the resultant damage.'
Additionally, the prosecutor's office expressed no basis for applying charges regarding failure to assist, as this offense can only occur with intent—either through direct intent knowing the victim's vulnerable situation or through the awareness of an imminent risk to the victim's life.
In this context, it was noted that the complaint fails to provide any evidence linking the actions of the Valencian authorities with the circumstances of abandonment required for that crime.
The assertion detailed that the duty to act in cases of failing assistance 'does not derive from the position or responsibilities held by individuals but from a collective duty to offer aid in the face of imminent and serious danger to a vulnerable person potentially at risk of losing their life.'
Moreover, the prosecutor's office does not find grounds for accusations of administrative prevarication as claimed by the victims' association, arguing that 'not every omission or failure to fulfill a duty by an authority can be classified as administrative prevarication for omission.'
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Translated by AI
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