La investigación sobre talas en Montecarmelo es archivada por la Fiscalía

The Provincial Prosecutor’s Office of Madrid has archived the investigation proceedings regarding the felling and transplantation of trees in the area of the future cleaning canton of Montecarmelo, which were reported by the Affected by the Canton Platform but according to the prosecutor «scrupulously respected the procedures and limitations set out in the law.»

In a decree dated May 20 and accessed by EFE, the investigating prosecutor of the Environmental Section states that «there is not the slightest indication of malfeasance in these municipal actions», as claimed by the neighborhood entity, and neither a «crime of damage by Urbaser,» the project’s contractor, and that the interventions were «properly authorized.»

In this regard, it emphasizes that, following the guidelines of the Urban Tree Protection Law of the Community of Madrid, it had technical studies presented by the promoting body and inspection by the competent body, as well as the individualized evaluation of the condition of each tree.

Regarding the destruction of nests reported by residents, which could constitute a crime if affecting protected species, «is not sufficiently proven» and is related to «very isolated incidents,» so for the prosecutor «there is no factual basis to consider malicious action or serious recklessness.»

Finally, the Affected Platform argued that the work on the site goes against the judicial sentence of the Administrative Litigation Court number 9 of Madrid, which, due to the omission of the environmental impact assessment process, annuls the municipal decrees that cover the installation of a cleaning canton and a Selur base on the mentioned plot.

In this regard, the prosecutor points out that «it does not affect the initiated actions, which are prior,» and that the sentence «is not final or enforceable,» so it does not represent a legal impediment to the continuation of the work.

However, the Prosecutor’s Office suggests that «the most basic prudence advises that, on the part of the City Council, all actions aimed at the execution of the contract for the installation of the canton» be suspended until the sentence is final, until its provisional execution, or until the processing of the environmental impact assessment.