He points out that there is a regional legal basis that allows it because the celebration has adapted to it in these years
The Environmental Prosecutor's Office has decided to file the investigation that it opened after the complaint filed on Thursday by the Ministry of Social Rights and Agenda 2030 asking that it prevent the holding of the controversial Toro de la Vega Tournament, scheduled for next Tuesday in Tordesillas (Valladolid) , because he considers "there are no indications of the commission of any crime".
This is what has been agreed by the environmental prosecutor Antonio Vercher in a letter that he communicated this Friday to the director general of Derechos de los Animales, Sergio García Torres.
Vercher believes that "there are no indications of the commission of any crime, without prejudice to the analysis of the specific adjustment to the administrative legality of the order MAV/946/2022, of July 5, which declares the conformity of the adaptation of the bases of the traditional bullfighting spectacle of the Toro de la Vega".
The prosecutor emphasizes that this "adjustment and control, as well as the adoption of precautionary measures", in his case, would correspond to the contentious-administrative jurisdiction, "not to the Public Prosecutor's Office".
Consequently, the prosecutor agrees to file the pre-trial proceedings initiated as a result of the Government's complaint, although he indicates to the Government that it still has the possibility of filing a complaint directly with the competent investigating court.
The Environment Prosecutor's Office recalls that it has already ruled in the same direction in similar petitions in 2007 and 2015. The essential issue, it explains, is that there is a regional legal basis that allows the present situation, and to which adapted the way of celebrating this type of festivities.
Social Rights argued that the new Regulatory Bases for the Development of the Immemorial Torneo de la Vega Tournament establish the possibility of placing up to seven currencies on the bull, which would violate the Regulations for Popular Bullfighting Shows of the Community of Castilla y León because "it expressly prohibits wound, prick and hit the horned".
The Ministry, led by the 'purple' leader, Ione Belarra, affirmed that these currencies cause serious damage, as stipulated in the bases, as "devices finished in punches or harpoons that are used and are designed to be stuck in the animal" .
Consequently, he considered that the alleged breach of the aforementioned regional regulation "could lead to a crime of animal abuse", for which he urged the Prosecutor's Office to suspend the Toro de la Vega as a precautionary measure.
Vercher recalls that "Decree 14/1999, of February 8, which approves the Regulations for Popular Bullfighting Shows in the Community of Castilla y León, establishes in its article 28.1 that 'traditional bullfighting shows are those popular festivities with cattle of fight whose socially rooted celebration has been carried out in the locality continuously since time immemorial, developing in accordance with the custom of the place'".
That same year, he adds, "the bullfighting celebration called Toro de la Vega was declared traditional" and in 2022 the City Council of Tordesillas definitively approved the adaptation of the regulatory bases of the tournament to Decree-Law 2/2016, of May 19, which prohibits the death of bullfighting cattle in the presence of the public in popular and traditional bullfighting shows in Castilla y León, something that the regional government validated.
IT ADJUSTS TO THE LEGALITY
"Therefore, the legally established procedures regarding the adaptation of the regulatory bases have been followed and they have been declared compliant by the regional administration," concludes the prosecutor.
Vercher also responds to the allegation of Social Rights in which he denounced that in any case the provisions of the regional regulation are violated when it states that "in all popular bullfighting shows it is prohibited to injure, prick, hit, hold or treat of any otherwise cruel to cattle".
"Now," the prosecutor underlines, the "obvious" letter that the same precept then says that "what is established in the previous paragraph is understood without prejudice to the possible performance of those physical actions that must be carried out on the fighting cattle aimed at guaranteeing the safety and integrity of the participants, the development of the show, or those that, exceptionally, are inherent to the celebration of a traditional bullfighting show".
The complaint also mentions article 31 of said regulation, which determines that "the general legal regime of popular bullfighting shows is applicable to traditional festivities" and, "in particular, the submission to the regime of prior administrative authorization, having to prove compliance with the medical-sanitary conditions that were proposed in his statement.
However, Vercher adds, "it is forgotten that later in the same precept it is added that due to "their peculiarity and tradition, they are not necessarily subject to the classification provided for popular bullfighting shows, and individually certain specialties may be recognized under the regime general".