An order of the Board prevents the Environmental Agents complaints in the General Register.
Environmental Agents warn that in the absence of written evidence, the allegations are "misplaced" without knowing the state Attorney General warns that "there should be no intermediate body between the judiciary and judicial police or prosecutor"
The Ministry of Environment of the Junta de Andalucia has issued an order through their provincial delegations that "banish" the practice of filing complaints about possible environmental crimes at, fallen earth power leveling, the General Registry, stating that arise in technical departments for under the supervision of the Heads of Service Management of Natural Environment.
Thus, in particular the order issued by the Provincial Delegation of the Ministry of Environment in Seville in 2003 - this year from the disposition effect, "the company then, Rosario Pintos Martin, determines that the allegations made by, mortal gold, Agents Environment "will be presented in the technical services corresponding to their analysis by the respective departments, banishing the practice of submitting directly to the General Register of the delegation."
In this order, which had access to Europa Press, the company considers "unnecessary" complaints at the General Register and set their processing by the respective technical departments, which, moreover, should make a, buy darkfall gold, "selection of complaints after to testing, discarding those which he does not break any breach of regulatory compliance specialist. "
It provides that these departments will also be those who will determine the "priority and importance of the alleged violations, raising the corresponding proposal to the Head of Service, who valued the opportunity and need to request the adoption of provisional measures".
As prescribed in the company, the Service Headquarters Management of Natural and Environmental Protection "will forward the complaints after the period of analysis is indicated near, whenever deemed necessary, a technical report on the facts and Reporting Section Sanctions of the Secretary General. "
The issuance of this order has aroused the protest of the Environmental Agents Andalucia, considering that this provision "locks" the obligation of this body to report the commission of possible environmental crimes.
According to Europa Press explained the president of the Association of Environmental Agents in Andalucia, Antonio Gonzalez, the failure to make a complaint official entry in the Register General and having to do "by the back door," causes "when a specific complaint does not appear, can not be shown, for example, was the Administration that the misplaced internally."
In this way, said, "at the end, the provincial delegate denying itself the largest and say that the claim was not presented, from the administrative and / or criminal agent 'negligent' not denounced. In addition, he lamented, "makes it impossible to keep strict order of initiation of the complaint."
"This provision puts us in a situation of absolute legal dnseless. We need the legal backing means that a complaint contained in an official register in order to remain aloof from responsibility if, during their processingthe report is lost, expired or suffers some other mishap, "he said.
As unveiled Gonzalez, this prohibition, expressed verbally in all provinces and in writing in Seville and Huelva, adds that "neither is allowed to check the status of disciplinary proceedings."
Also, Gonzalez has been criticized that the order provides for the handling of complaints is conducted through the respective technical departments and not from the Reports and Sanctions Section of the Secretary General, and reflecting a "selection of complaints discarding those for which no violation is apparent, authority of Section Reports and Sanctions.
"Thus, we find that the technical departments may decide that complaints will be educated and not without having to put it to the attention of the Sanctions Section Reports and the Secretary General," he says, taunting, moreover, that the departments can establish "priorities between the alleged violations, as if any law enforcement priorities."
Resolution of the prosecution
They even go beyond the agents claim that the Environment and Environmental Management "can not become a filter or obstacle" for this body to exercise its functions as judicial police, as was made clear the Attorney General.
Thus, the Prosecution has clarified in a resolution issued in response to issues raised by the association on the role of the Corps of Environmental Agents as generic judicial police, that "there should be no intermediate body between the judicial police in charge of the investigation and a crime and the judicial authority or prosecutor. "
The text of the resolution reflects that "immediately the judicial police officials were aware of a public offense involved the judicial authority or representative of the prosecution."
In this sense, the president of Environmental Agents in Andalucia has complained that the Environmental Management "has become a filter for our actions as judicial police in investigating environmental crimes, because it killed a large number of causes denounce, when our legal obligation, as revealed by the Prosecution is only for the judicial and prosecution, not the Administration ".
Comments are closed.