Valencia, Spain – Former President of the Valencian Community Carlos Mazón has formally requested to be included as a party in the judicial investigation concerning the management of the severe weather event, known as the DANA, that caused widespread damage across the region in September 2023. The move comes as Mazón, currently a deputy in the regional parliament, seeks full access to the case file and the opportunity to defend his actions during the crisis. This request for participation in the legal proceedings underscores the continuing political and legal scrutiny surrounding the response to the devastating floods and related infrastructure failures.
The DANA, a term used in Spain for Depresión Aislada en Niveles Altos – an isolated depression at high levels – brought torrential rainfall and record-breaking river levels to the Valencia region, resulting in significant loss of life and extensive property damage. The subsequent investigation has focused on whether adequate preventative measures were taken and whether the response was sufficient to mitigate the impact of the storm. Mazón’s decision to seek direct involvement in the case is a notable step, particularly after the Tribunal Superior de Justicia de la Comunitat Valenciana (TSJCV) previously declined to investigate him for potential criminal wrongdoing.
According to documentation submitted to the investigating judge in Catarroja, Mazón asserts he has consistently maintained a respectful approach to the investigation, deliberately avoiding any actions that could be perceived as interference with the judicial process or the work of the TSJCV. He explicitly states his agreement with the TSJCV’s conclusion that no criminal responsibility on his part exists. The request to participate, filed under Article 118 bis of the Ley de Enjuiciamiento Criminal – a provision relating to individuals with parliamentary immunity – frames his involvement as a response to being investigated, despite the TSJCV’s earlier decision. This legal maneuver allows him to formally defend his interests within the proceedings.
A Rare Legal Strategy
Legal experts suggest Mazón’s approach is unusual. While not unprecedented, it’s a relatively uncommon tactic for a former public official in this type of situation. The implications of the judge accepting Mazón’s request could be significant. Should the judge grant his petition, Mazón’s legal team would be empowered to challenge any and all resolutions issued by the court, potentially slowing the investigation. Sources familiar with the case, speaking on background, also suggest it could open the door for Mazón to contest his upcoming testimony as a witness, or to seek limitations on the scope of questioning.
Mazón was initially summoned to appear as an investigated party – a status short of formal indictment – on three separate occasions while still serving as President of the Generalitat. He stepped down from that role on December 2, 2023. The shift to being called as a witness last week followed the TSJCV’s decision not to pursue charges against him. The TSJCV’s ruling, published on March 16, 2024, cited a lack of evidence suggesting criminal conduct in his handling of the DANA.
Focus on Infrastructure and Emergency Response
The investigation centers on the preparedness and response of regional authorities to the DANA, with particular attention paid to the state of infrastructure, including riverbeds and flood defenses. Concerns have been raised regarding the maintenance of the Riu Sec riverbed near Carlet, where flooding contributed to significant damage. A key piece of evidence presented to the judge involved testimony from a fire chief regarding the state of the Riu Sec, as reported by Cadena SER. The investigation is also examining the effectiveness of the emergency response protocols and the coordination between different agencies.
The DANA’s impact extended beyond immediate damage, raising questions about long-term recovery efforts and the adequacy of insurance coverage for affected residents and businesses. The Valencian government has faced criticism from opposition parties regarding the speed and effectiveness of aid distribution and the implementation of preventative measures to mitigate future risks. The ongoing legal proceedings are likely to further scrutinize these aspects of the crisis response.
What Happens Next?
The immediate next step is the judge’s decision on Mazón’s request to participate in the case. If granted, it will likely lead to a more protracted legal battle, with Mazón’s defense team actively involved in all stages of the investigation. If denied, Mazón will proceed as a witness, subject to questioning by the prosecution. The judge’s decision is expected within the coming weeks. The case continues to draw significant public attention in the Valencian Community, and the outcome could have lasting political ramifications.
We will continue to follow this developing story and provide updates as they become available. If you have been affected by the DANA and are seeking assistance, information can be found on the Valencian Community government’s website. Share your thoughts and reactions in the comments below.
