Tribunals

The sentence of the trial of the Valencia metro accident closes 14 years of "ordeal" for the families

Four former executives have been sentenced to 22 months in prison and four others have been acquitted

Daniel Martín
27/01/2020

Valencia"We signed the agreement because [the case] has to be closed somehow and the agreement reached is still a recognition of responsibility. Six months of trial would have been a torment and, moreover, with a wide margin of uncertainty, because all possibilities were open, from complete acquittal to complete conviction." This is the justification that Enric Chulio, former president of the Association of Victims of the Metro Accident of July 3, 2006, gave to ARA minutes before entering the room where the sentence has been delivered, which has convicted four former executives and acquitted four others. The association has finally joined the agreement signed last week between the Prosecutor's Office and the defenses of the eight defendants, and has allowed the conclusion of a process opened 14 years ago.

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As Chulio's words, who lost his wife in the accident, suggested, after the trial, which lasted just over half an hour, the resignation and anger of the relatives has resurfaced and upon leaving the hearing, they waited for the eight former directors in the narrow corridor that separates the room where the sentence was delivered from the immense central space of the City of Justice of Valencia to reproach them for their actions. In fact, one of the relatives addressed the former manager of Ferrocarrils de la Generalitat Valenciana (FGV), Marisa Gracia, who was acquitted, and asked her: "Can you sleep soundly?" The former high-ranking official replied: "Yes, very soundly".

The most belligerent of the relatives has been Julián Pérez, who also lost his wife there and who confronted Gracia. Moments of tension that were repeated twice more. The most notable thing, shortly before the former high-ranking official left the building, when her husband and Pérez confronted each other and exchanged insults. Already on the street, and cornered by journalists, Gracia reaffirmed her position and, when questioned about whether she recognized any responsibility in the accident, she answered with a resounding "no".

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"Inhuman attitude" of former directors

Precisely the refusal of the former directors to apologize is what has most angered the victims' families, who, through their spokesperson, Rosa Garrote, have lamented that the accused "have maintained a very impassive, very inhuman attitude". "It is true that they have admitted their guilt, but it is no less true that they have admitted it due to the possibility of a greater punishment. What would have had real value is that this recognition had been accompanied by a pardon and a few days after the accident".

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For Garrote, today's ruling represents a "dignified end." "It is the citizen's triumph. If you fight, if you try, yes, you can," he emphasized. However, he acknowledged that the agreement "leaves many things behind" but defended it because it represents "the maximum" that could be achieved: "We have done everything in our power and we have shown that the responsibility lay with the company and the managers."

Political responsibility

Another of the loopholes that, according to Garrote, the sentence leaves is that "political responsibilities have not been assumed". "The fight was worth it because what couldn't be is that everything remained that the accident was the driver's fault, who is the last link in the chain, and that the executives, the people truly in power, went unpunished. It has cost us more than thirteen years, it has been a hard road, but today it was worth it".

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Four convicted and four acquitted

Just like the top leader of the public company, the former head of workshops at the Valencia South facilities, Luis Miguel Domingo Alepuz; the former head of line 1, Sebastián Argente; and the former head of studies and projects, Francisco Orts, have also been acquitted. On the other hand, the former operations director, Manuel Sansano; the former director of the audit for security and circulation, Juan José Gimeno; the former deputy director of operations, Vicente Contreras; and the former technical director, Francisco García, have been convicted.

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According to the facts that have been declared proven, the four former executives were aware of "the security deficiencies in the underground section of this line, especially between the sections of [the stations of] Plaça d'Espanya and Jesús station". Despite this, they "omitted" their obligation to implement technological security measures to control the speed on this line and "neutralize" the risks of derailment and overturning of trains, as well as to resolve other deficiencies related to "rolling stock" and the "training and selection of personnel for the job of train driver". "All of them were aware that these deficiencies entailed a very significant risk for the safety of workers and passengers", the sentence concluded.