The Superior Court of Justice of the Valencian Community (TSJCV) has rejected three lawsuits and four complaints against the president of the Generalitat, Carlos Mazón, over his handling of the DANA (a severe weather event). In their ruling, the judges found no substantial evidence to warrant further investigation.
The court’s decision aligns with Supreme Court precedent, which requires “qualified indications” of wrongdoing for investigations involving high-ranking officials. The complaints, which were consolidated into a single case, failed to meet this threshold, according to the TSJCV’s resolution.
Insufficient evidence
The TSJCV emphasised that the allegations lacked “objective and consistent” evidence to justify their jurisdiction in investigating Mazón. The court noted that the claims largely relied on assigning responsibility for the number of fatalities caused by the DANA without clear links to specific actions or omissions by the accused.
The ruling acknowledged the gravity of the tragedy, highlighting the authorities’ duty to protect citizens from flood risks. The Court is not insensitive to the tragedy that has occurred. The starting point—the inescapable duties of authorities who, within their respective areas of responsibility, must take measures to protect citizens from flood risks such as those experienced—and the endpoint, both personally and materially harrowing, are not disputed,” the ruling states. However, it concluded that none of the actions described met the legal standards required to pursue charges.
Legal pathways remain open
Despite dismissing the cases, the court clarified that the complainants could pursue further legal action in lower courts. These courts may conduct preliminary investigations and, if sufficient evidence emerges, refer the case back to the TSJCV. The decision only applies to Mazón due to his status as a high-ranking official. Other individuals named in the complaints, including former officials from the Justice and Emergencies Department, may still face investigations.
Political Reactions
The Popular Party (PP) has expressed respect for the court’s ruling. Laura Chulià, deputy spokesperson for the PP in Les Corts, reiterated the party’s commitment to judicial independence. She criticised opposition parties for using the tragedy for political gain, urging collaboration and practical solutions instead.
Criticism of emergency management
The DANA caused widespread devastation, prompting criticism of emergency management at various levels of government. However, the court’s decision underscores the challenges of attributing criminal liability in the aftermath of natural disasters.
A third protest against alleged mismanagement during the DANA is planned for December 29 in Valencia, where demonstrators are expected to demand Mazón’s resignation.