Andorra
Section 1. Respect for the Integrity of the Person, Including Freedom from:
There were no reports that the government or its agents committed arbitrary or unlawful killings.
There were no reports of disappearances by or on behalf of government authorities.
The constitution and law prohibit such practices, and there were no reports that government officials employed them.
Prison and Detention Center Conditions
There were no significant reports regarding prison or detention center conditions that raised human rights concerns.
Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse.
Administration: Authorities conducted proper investigations or credible allegations of mistreatment.
Independent Monitoring: The government permitted visits by independent human rights observers. On January 29-February 2, the Council of Europe’s Committee for the Prevention of Torture visited the country’s detention centers and the hospital. The report of the visit was not available at year’s end.
The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.
ROLE OF THE POLICE AND SECURITY APPARATUS
The country’s only security forces are the police, prison officers, traffic police, and forestry officials. The Ministry of Social Affairs, Justice, and Interior maintained effective civilian control over the security forces, and the government has effective mechanisms to investigate and punish abuse. There were no reports of impunity involving security forces during the year.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
The law requires warrants for arrest. Police may legally detain persons for 48 hours without a hearing, and police generally observed this time limit. A judge has up to 24 hours to charge or release the detainee. Police promptly informed detainees of charges against them. A bail system exists. The law provides detainees the right to legal counsel from the moment of arrest. Persons charged with a crime may choose their own lawyers or accept one designated by the government. Detainees generally had prompt access to family members.
Pretrial Detention: On average, prisoners spent nine months in pretrial detention before being judged.
e. Denial of Fair Public Trial
The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality.
TRIAL PROCEDURES
The constitution and law provide for the right to a fair public trial, and an independent judiciary generally enforced this right. Defendants enjoy a presumption of innocence and receive prompt, detailed notification of the charges against them. Trials are fair and public, and for the most part held without delay. Defendants have the right to be present at their trial and to consult in a timely manner with an attorney of their choice. If a defendant cannot afford an attorney, the government must appoint a public attorney. Defendants and their attorneys have adequate time and facilities to prepare a defense. The government provides an interpreter, if needed, from the moment of being charged through all appeals. Defendants can confront or question witnesses against them and present witnesses and evidence on their behalf. Defendants cannot be compelled to testify or confess guilt, and they have the right to appeal.
POLITICAL PRISONERS AND DETAINEES
There were no reports of political prisoners or detainees.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
Plaintiffs may bring lawsuits seeking damages for, or cessation of, a human rights violation. Individuals and organizations may appeal adverse domestic decisions to the European Court of Human Rights. The national ombudsman also serves to protect and defend basic rights and public freedom on behalf of citizens.
The constitution and law prohibit such actions, and there were no reports that the government failed to respect these prohibitions.