Andorran Court Rules Prolonged Money Laundering Probes Violate Rights
Andorra's Constitutional Court has sided with suspects in money laundering cases, declaring multi-year investigations by the Batllia unconstitutional due to excessive delays breaching timely trial rights. Rulings pave way for compensation claims.
Key Points
- Court upheld three appeals, protecting four individuals from years-long delays in Batllia investigations.
- Measures like account freezes imposed without trials; victims can seek compensation for damages.
- Mexican citizen's case exceeded 10 years in preliminary phase despite no complexity.
- Two 2018 cases saw eight-year delays; court orders Batllia to conclude proceedings swiftly.
The Andorran Constitutional Court has ruled in favour of three appeals, finding that lengthy investigations into suspected money laundering cases violated the right to a trial within a reasonable time frame.
In its recent decisions, the court granted protection to four individuals—two in one case—who have faced preventive measures such as account freezes or seizures for years without their cases advancing to trial. The rulings, now public, allow the affected parties to seek compensation from the government for moral and economic damages.
The first case involves a Mexican citizen whose preliminary proceedings were reopened by the Batllia in 2019, following his detention in Mexico over alleged organised crime links. The Batllia had previously examined the money laundering suspicions between 2016 and 2018 without a final decision, then imposed account blocks and seizures. Despite repeated requests to dismiss the case and lift the measures, these were rejected, and no determination has been made on whether to bring charges. The court noted no exceptional complexity, especially given specialised judges handling it, and deemed over 10 years in the preliminary phase disproportionate and contrary to legal speed requirements. The Batllia must act within six months—three initially, plus a three-month extension—to address the violation.
The second case, from 2018, saw the Batllia initiate proceedings and block accounts belonging to the main suspect and family members. After years of requests to lift the measures, a 2024 Batllia rejection prompted an appeal to the Corts Tribunal on 4 November 2024. With no response after 14 months, the appellant turned to the Constitutional Court. The ruling rejected any justification for the delay in resolving the appeal over a precautionary asset measure, clearing the path for compensation.
The third 2018 case targets two people and a company, with asset seizures and blocks imposed. After eight years of limited progress—including delays from international rogatory commissions—the court found no jurisprudential basis for such duration. It urges the Batllia to conclude the proceedings as soon as possible and endorses compensation claims.
The decisions highlight recurring judicial delays in money laundering probes, one linked to funds at the now-defunct Banca Privada d'Andorra.
Related Articles
Other articles from Catalan-language sources about the same story: