Portal de Cartagena
www.portaldecartagena.com
Citizens and the environment must not tolerate inaction on the part of those who must ensure their rights: for this reason, the criminal responsibility of the rulers must be determined.
After more than 17 years since the fertilizer factory POTASAS Y DERIVADOS, SA was closed in the plot called EL HONDÓN de Cartagena, the Public Administrations have allowed with their carelessness and inaction that contamination and hazardous and radioactive waste have remained in said land. causing continued damage to health and the environment.
"Environmental criminal liability reaches the perpetrators or owners of the source of contamination, and public administrators, who must be required to scrupulously fulfill their responsibilities, not being sufficient superfluous, inert or ineffective actions that only involve a permissiveness and prolongation in the time of an activity not covered by current legislation. "
WE CAN denounce the clear omission of responsibilities of the Administration in the reiterated and sustained compliance of the environmental administrative norm, the lack of momentum of the decontamination procedures, fencing and other urgent measures required by the CSN, the Ombudsman, the European Commission and the neighbors.
The environmental administrations are not only responsible for the imposition of administrative sanctions, but also the criminal prosecution, by means of the corresponding denunciations or complaints, of crimes against the environment of which they are aware by reason of their position, for which the crime of environmental prevarication of art.
329 of the Criminal Code promotes the criminalization of the abandonment of these functions.
This is so because in the event that the administrative norms, Directives, Regulations and Community Decisions have been applied, all of them transposed to Internal Law, which fulfill the function of vigilance, prevention and first sanction since its approval, it would not be appealing to the application of Criminal Law with total probability.
The environmental restoration must occur regardless of whether the author of the damage is known or not is solvent.
The final objective of these forecasts will be that the environmental damage is repaired in any case and effectively.
This is established by Law 26/2007, which provides for direct action by the Administration in certain situations.
So, we must ask ourselves: Why in all these years of notorious and perfectly visible pollution, not only has not the administration demanded its cleaning to the polluting owners, but has not proceeded to carry out that decontamination itself in a subsidiary way?
From PODEMOS understand that the criminal responsible for these facts that are reported, are the successive rulers of the CARM and the City of Cartagena from 2001 to today, and denounced the crime of environmental prevarication continued over time.
The leaders of the Segura Hydrographic Confederation could have the same criminal responsibility regarding their competences on the ravine of El Hondón.
CTSSP-PODEMOS will register the complaint at the prosecutor's office on Tuesday, January 22, at 1:00 p.m.
Source: CTSSP
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