The Supreme Court has buried the intentions of the platform of victims of the Alvia accident in Santiago de Compostela to achieve the dismissal of the members of the Railway Accident Investigation Commission (CIAF) and that, once renewed, it would be investigated again this tragedy in which 80 people died and 144 were injured. Their claim was based on the conviction that this body's report was not independent, a conclusion also reached by the European Commission, but the High Court has dealt them a severe setback.
This accident that occurred on July 24, 2013 is currently pending sentencing in the Criminal Court number 2 of Santiago, in a judicial case in which Francisco José Garzón Amo, the train driver, and Andrés Cortabitarte, the former director, are accused. of Adif traffic safety at the time of the accident, both for 80 crimes of homicide and 145 of injuries due to serious professional negligence.
Before it came to trial, the CIAF carried out a technical investigation that concluded that the causes of the accident were "excessive speed of the train" and the "lack of attention" of the driver when answering a phone call from the auditor on his corporate mobile phone. , exempting the operator Renfe and the railway infrastructure manager (Adif) from liability
This is the report with which the victims disagree and which is also questioned by the European Railway Agency, which concludes that Spain "did not ensure the independence" of the analysis and that "the obligation to investigate accidents has not been adequately fulfilled." Brussels also criticizes that the CIAF did not thoroughly analyze what happened, in such a way that it is missing "key elements" and does not delve into the "fundamental causes" of what happened and concludes that this way of investigating fails to comply with the European Railway Safety Directive.
The Victims Platform Alvia 04155, the majority among those affected by the Angrois accident, took the case before the Superior Court of Justice of Madrid, which ruled against their claims. The injured parties appealed and now the Third Chamber of the Supreme Court has rejected their appeal.
The ruling contradicts the victims and the report issued by the European Commission and establishes that the current regulation and composition of the CIAF "meets the requirements of independence, impartiality and objectivity" required by European Union law on the matter, Directive 2016/798, as well as the Parliament and the European Commission.
Faced with criticism from the victims that they were not listened to when preparing the CIAF report, the Supreme Court concludes that those affected in railway accidents do have the right to receive complete information about the investigation that is being developed into the causes of the accident and to contribute. their observations and opinions, "as recognized in current national regulations."
One of the criticisms of the victims is the dependence of the CIAF on the Ministry of Transportation, but the ruling concludes that it is only for the purposes of administrative organization, as is the case with other regulatory bodies with respect to the corresponding ministries, and "or It hinders his full functional independence in the exercise of his investigative functions, without him being able to receive instructions from any body of the Administration.
The Supreme Court reminds the victims that the appointment of its members, experts in the field, by the Minister of Transport is subject to parliamentary control.
As a result of this ruling, as the Superior Court of Justice of Madrid had already concluded, it is the CIAF, with its current configuration, that must examine and decide on the platform's request that a new investigation of the accident be carried out. The Supreme Court also remembers that its function is exclusively the technical investigation into the causes and circumstances of the accidents and formulating proposals for improvement if necessary, but in no case the clarification of responsibilities, which corresponds to the criminal jurisdiction.
