“I like being very sincere and I have to say that in Spain the most complex causes are not instructed by the Judge of Instruction, which is independent or the Fiscal Ministry, but that they are usually pre -cooked by the police work that fulfills its functions, but that it does not have the statute of the Anglo -Saxon countries and the tax agency, with which later the critical filtering capacity of those that comes to us is always very limited. That the Judicial Police and the Tax Agency depend to a greater extent, not on control, but on the management, which is very different, of the Fiscal Ministry ”
Eduardo Torres-Dulce, State Attorney General, appearance before the Constitutional Commission of the Congress of Deputies, April 23, 2014.
Give me it, I'll give you a
(Give me the facts, I will give you the right)
Latin legal aphorism of Roman law
The two appointments are perfectly gathered to illustrate what has happened between the instructor judge of the Dana catastrophe of Valencia and the Command of Valencia of the Civil Guard following a report he requested and whose response was a 220 folios document. She asked for a chronology of the overflows and the UCO made a General assessment about aspects of the summary instruction that carries out.
Perhaps the car of magistrate Ruiz Tobar would not have been written if said report had not been instrumentalized by the Liberum ultra -right association to justify the request of several proceedings to weave which Penelope weaves day after day on the plot of criminal responsibilities In the Civil and Instruction Section of the Court of Instance number 2 of Catarroja, Plaza number 3, relying, precisely, in said report.
And we have been lucky, then, to prove that although The critical filtering capacity of those that comes to us is always very limited, Eduardo Torres-Dulce dixit, The Judge of Catarroja has demonstrated, and by far, that it can be exercised.
The aforementioned association sought the imputation of Miguel Polopresident of the Júcar Hydrographic Confederation (CHJ), four testimony, including that of María José Rallo del OlmoPresident of the State Meteorology Agency (Aemet).
“The application – explains the judge's car – of declarations of Liberum is based on the report provided by the Civil Guard that is interpreted form of their kindtogether with some theories already overcome from “Informative blackout”bulos on the effect of the Foraata dam on the Poyo ravine and, of course, obviating not only resolved by this judge, but, which is more surprising, what was resolved by the Valencia Provincial Court in various resolutions ”.
And about the report states: “The Civil Guard report makes a extensive and thorough data collection and communications. Unfortunately, this report had to be limited to preparing a chronology, it is wrong in its considerations and appreciations of the failures and negligence of the intervenings in the events that occurred October 29, 2024”.
Because, as the judge points out, who requested the chronology, the report of “a Origin vice“Should” limit yourself to a Chronology of overflows in rivers, ravines and dams and their relationship with deaths. It was not requested No assessment Regarding the actions of the intervenings … the analysis of negligence, failures or guarantor position is exclusively jurisdictional. Since the report on chronology affects valuations that does not correspond to the Judicial Police, they do not possess Incriminatory efficacyNor exculpatoriaof the investigated or of Any other involved”.
It is not an alleged excess of zeal of the instructor judge. No.
“The cause was fully judicialized – he tells us – when the evidence was agreed (the report). When he was commissioned Chronologythere was no report, nor crowded by the Civil Guard to reveal or affirm any Type of negligence or error in emergency management in the cause of 228 muertosso it was not feasible and was not agreed at any time to transfer an assessment of such a draft to the Judicial Police, that had not done it ex officio at the time. Any exclusively police assessment of negligence or breaches was condemned to failurebecause the analysis would always be based on a limited analysis exclusively to the Documentary test. The report affects matters already resolved by the Court and subsequently by the Valencia Provincial Court”.
And on the bottom of the report, the judge is sharp: “It is a wrong report for the LIMITED TEST ELEMENTS with those that counts in its elaboration. It is an extensive report, 220 pages, but that it cannot attend to what happened in the Integrated Operating Coordination Center (Cecopi), at Technicians testimonyat Family statements of the victims who set in many cases almost the exact moment in which their relatives died (connection element with the alert delay), to the experts that analyze and will analyze crucial aspects about forecasts and overflows. ”
Inflection point?
“This car is because of its motivated way to address the report a turning point for the infallibility of armed institute. Judge Pepe Castro de Mallorca was one of those who questioned reports prepared by the State Tax Administration Agency (AEAT). Judicial Police reports no son sacrosantos”, Says an excited judicial source with the judge of Catarroja.
The worrying thing is precisely the recognition of a state attorney general as Eduardo Torres-Dulce in its appearance cited April 2014. In these 11 years after that statement that the instruction reaches the “Precooked judge”From the police, that domain of the instruction by the UCO and the Central Unit of Economic and Fiscal Crime (Udef) has gone increasing. And, in turn, their direct relationship with the media When filtering reports such as the one prepared for the Catarroja judge, it is somewhat institutionalized.
In the case of the UCO report last June 5 on the alleged corruption plot of José Luis Ábalos, Koldo García y Santos Cerdán ” an entry and registration at the home of that in February 2024. However, they have not emerged until 16 months later, on June 5, 2025.
Both the investigating judge, Leopold Puenteas the rapporteur in the appeal against the imprisonment of June 30, who keeps Cerdán in Soto del Real, the judge Pablo Llarenathey grant an extraordinary credibility to the recordings and indications provided by the UCO.
The Judge of Catarroja has come to apply the Latin adage of Roman law. Here who exercises jurisdictional activity It is me and the Judicial Police should not legally qualify nor do assessments that they have not been requested.
Well that: Give me it, I will give you the right
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