The Administrative Litigation Chamber of the Superior Court of Justice of Madrid has issued a ruling that obliges the Railway Accident Investigation Commission (CIAF) to meet and receive, process, analyze and resolve “according to law” the claim that for The victims of the Alvia accident in Galicia in 2013 maintain years: an independent analysis of what happened in the incident.
That Alvia came from Madrid and derailed on June 24 at a curve in Angrois, leaving 80 dead and 145 injured. The criminal responsibilities will be cleared up in a trial that is scheduled for September 20, but for the Alvia 04155 Victims Platform, this has never been the only issue to clarify.
The CIAF, which is summoned in case of serious or very serious accidents, analyzed the matter and concluded that the problem was an excessive speed of the train. However, Brussels, which supervised that work, what it later detected is that the body had not carried out a genuine independent investigation in the terms set forth in European regulations. He urged Spain to make a new one.
But that indication of the European Railway Agency dating from 2016 was never listened to. The victims claimed it to the Ministry of Transport already with the PSOE and José Luis Ábalos at the head without results. They were told that the initial CIAF had already been dissolved and that its organic composition was currently different and, therefore, it could not carry out the investigation.
This is how the platform, represented by Antonio Benítez Ostos, from Administrativando Abogados, ended up in the Superior Court of Justice of Madrid, which now answers the Ministry that this change in the configuration of the Commission cannot “determine the inadmissibility of the petition, inadmissibility that in any case should also be agreed by the CIAF to which it is addressed.
For this reason, the sentence, to which ABC had access, partially upholds the platform’s appeal against the Transport resolution that denied them to analyze their request and orders “to roll back the actions so that the CIAF in its current composition is sent to the application submitted to admit, where appropriate, process and decide the request expressed in accordance with law.
