The magistrate overseeing the investigation into the management of the DANA (cold drop) that caused 230 fatalities in the province of Valencia on October 29, 2024, has dismissed the appeal filed by Salomé Pradas, former Minister of Justice and Interior and an investigated party in the case. The judge has reaffirmed the necessity of conducting a handwriting test on Pradas concerning the draft of the ES-Alert, which was provided by the Deputy Director of Emergencies, Jorge Suárez, during his testimony.

In a recent submission, Pradas had acknowledged authorship of the document presented by Suárez, stating it was "her own handwriting," and argued to the magistrate that the requested test was "unnecessary" as there was "no doubt, challenge, or controversy whatsoever regarding the authenticity of the handwriting or its authorship."

The document in question contains several points, including phrases such as "avoid displacement- prov Valencia," with the word "confine-" crossed out and the instruction "stay home." It also mentions regions like Ribera Alta, Ribera Baixa, Horta Sud, and Hoya de Buñol, in addition to recommendations such as "stay away from riverbeds, surrounding areas, and move to (...) first floor," and a reference to the mobilization of the UME (Military Emergency Unit).

The magistrate justifies the relevance of the expert handwriting test for three reasons. Firstly, she points out that, despite what was stated in the former minister's submission, Pradas "at no time" acknowledged authorship of the handwritten text that Suárez kept. This issue was not addressed in her statement on April 11, 2025, and subsequently, she only appeared for a confrontation with José Manuel Cuenca, former chief of staff to former president Carlos Mazón, where reference was made to Jorge Suárez's "card," but without an express acknowledgment of authorship.

Secondly, the judge argues that Pradas' allegations in the submission cannot substitute her statement as an investigated party, as it is a "highly personal procedure" that cannot be replaced by any statement, written document, or appearance. Finally, the magistrate concludes that "even if Ms. Salomé Pradas Ten were to acknowledge authorship of the manuscript in a statement as an investigated party, this would not exempt the practice of a test that must be deemed pertinent."

The judge insists on the importance of the test, highlighting the relevance of population protection measures in this case. She emphasizes that the investigation has revealed an "absence" of warnings and a "paralysis in decision-making within the Cecopi." She adds that the responsibility attributed to Pradas for the delay in sending the alert, with its "eventual incriminating effect," is a fact from which the former minister "publicly sought to disassociate herself, from the outset," after it became known that the majority of deaths occurred before the message was sent at 8:11 PM.

The magistrate also notes that the population alert system "was on the Cecopi's table since 5:20 PM" and was not revealed to Pradas at 8:00 PM, as she claimed in an interview. She highlights that the system was "fully operational" and that validation was done in "just 2 minutes and 35 seconds" by a technician. The judge considers it "dramatic" that a message could have been sent at 5:20 PM with Suárez's warning, which would have been "fully effective" and would have advised moving to higher floors, thus avoiding clear risks.

One of the elements that delayed the sending of the alert was "even due to its drafting in Valencian," as well as verbal consultations with the Legal Department of the Generalitat Valenciana. Messages were recorded between Cuenca and Pradas where the former indicated that "no confinement in the entire province, zoning is a different matter."

The judge also implicates Argüeso in the lack of warnings to the population, emphasizing that "he was the plan director when at 1:00 PM cars were floating in the street in Utiel." She criticizes that the "chaotic and desperate" situation in this locality did not prevent both officials from traveling to Carlet, where their stay was "totally ineffective" regarding what was happening with the Magro river in the other region. Furthermore, no additional forest fire units geographically close to the Alzira Unit, such as Ròtova, Castelló de Rugat, Xàtiva, and Ontinyent, were mobilized, nor was potential demobilization controlled.

The magistrate concludes that the plan director's guarantor position "obliges him to act" in emergency situations, and his "omission" must be linked to the fatalities. She considers it "incomprehensible" that, knowing about the withdrawal of forest firefighters from the Poyo ravine, the plan director did not inquire or request the collaboration of environmental agents.