Andorra

Constitutional Provisions

The 1993 Constitution of the Principality of Andorra makes the 1948 Universal Declaration of Human Rights binding on Andorra. Article 8(1) of the Constitution further

recognises the right to life and fully protects it in its different phases.

Article 8(1) of the Constitution provides that:

All persons have the right to physical and moral integrity. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

According to Article 16:

The right to meet and assemble for any lawful purpose shall be respected. The exercise of the right of assembly requires that the authorities be notified in advance, and shall not prevent the free movement of goods and persons.

The Constitution does not specifically regulate the use of force by the police but it does stipulate that the police services were to be brought "under the exclusive control of the Government within a period of two months following the coming into effect of the Constitution".

Treaty Adherence

Global Treaties

Regional Treaties

National Legislation

Police Use of Force

The Police Corps of Andorra (El Cos de Policia d’Andorra) is Andorra's national police service. Its use of force is restrained by Law 8/2004 as amended. The law stipulates that use of force must be governed by the principles of necessity and proportionality. Use of firearms and other weapons are restricted to situations where a serious risk to life or physical integrity of themselves or third parties exists, or a serious risk to public safety, and provided that the threat is immediate in nature. A clear warning must be issued before using the weapon or firearm, and sufficient time must be given for this warning to be taken into account.Art. 5, Law 8/2004 as amended. 

The Government of Andorra adopted regulations on 19 November 2014 on the carrying and use of firearms and on coercive methods authorized for use in prisons, which came into force on 27 November 2014. In its report under the Convention against Torture submitted in 2022, Andorra stated that:

The use of a Taser is reserved for cases of serious active resistance by a prisoner where there is also a serious threat of bodily harm to the prisoner, prison staff or third parties. Its use on minors and pregnant women is prohibited and it can never be used as a control or security measure. A clear advance warning of the intention to use such a weapon must be given, and the prisoner must be given time to take the warning into consideration. If the prisoner intentionally prolongs the situation, whenever possible the established order of procedure must be followed: before an electrical discharge weapon is used, efforts must be made to physically restrain the prisoner by means of handcuffs or expandable and rigid batons. 

According to Article 110 of the 2005 Penal Code, a state official, including a police officer, who engages in torture commits a criminal offence and is subject to a term of up to six years' imprisonment. Article 112 proscribes degrading treatment by, among others, police officers, which is subject to a term of between three months and three years' imprisonment. In its report under the Convention against Torture submitted in 2022, Andorra stated that: "Disciplinary and criminal sanctions are in place to punish acts of torture committed by police and prison officers."

Police Oversight

In its 2013 Concluding Observations on Andorra, the Committee against Torture expressed its concern "at the absence of an independent body to monitor police action and investigate allegations and complaints of ill-treatment by members of the police force...." It called on Andorra to 

establish an independent mechanism to monitor action by the police and investigate allegations and complaints of ill-treatment by members of the police force and ensure that law enforcement officials receive training on the absolute prohibition of torture and ill-treatment.

Caselaw

Global

In its 2024 list of issues prior to State Party reporting under the Covenant on Civil and Political Rights, the Human Rights Committee called upon Andorra to "report on the measures taken to provide adequate human rights training to law enforcement and prison officials, including, inter alia, training on the prevention and prohibition of torture, ill-treatment and excessive use of force."

In its 2013 Concluding Observations on Andorra, the Committee against Torture did not directly address police use of force. 

In its 2015 Universal Periodic Review under the United Nations Human Rights Council, Andorra stated that the Criminal Code provided for relevant judicial procedures in the event of abuse by law enforcement officials, particularly the police. 

Regional

There have been no cases against Andorra before the European Court of Human Rights concerning alleged excessive police use of force.

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