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Andorra Court Awards €28,000 to Man for 103 Days of Unlawful Drug Detention

Superior Court compensates moral damages and lost wages after Constitutional Court ruled pre-trial imprisonment violated liberty rights, rejecting lower government and prosecutor proposals.

Synthesized from:
AltaveuDiari d'AndorraEl Periòdic

Key Points

  • Superior Court awards €28,000 (€23,000 moral damages + €4,968 lost wages) for 103 days unlawful pre-trial drug detention.
  • Constitutional Court ruled detention violated liberty rights, annulling prior decisions.
  • Government proposed €7,543, prosecutors €2,000; court rejected both based on case law.

**Title:** Andorra Court Awards €28,000 to Man for 103 Days of Unlawful Drug Trafficking Detention **Summary:** Superior Court rules provisional imprisonment violated liberty rights after Constitutional Court annulment, compensating moral damages and lost wages despite government and prosecutor objections.

**Body:** Andorra's Superior Court has awarded €28,000 to a man for 103 days of unlawful pre-trial detention on drug trafficking charges.

The man began serving provisional imprisonment on 16 October 2024, facing charges of major cocaine trafficking, public drug consumption, and a minor consumption offence. His lawyers sought release on 18 March 2025, but the Batllia and Tribunal de Corts denied it. On 3 April, the Tribunal de Corts upheld the detention, pointing to risks to the investigation and a related probe into drug trafficking at a nightlife venue.

The Constitutional Court overturned that ruling on 14 July, finding the justification legally insufficient and a violation of the man's right to liberty. It confirmed his eligibility for compensation. The Superior Court's full bench then fixed the amount at €23,000 for moral damages and €4,968 for lost earnings from time he could have worked.

The court stressed that wrongful detention causes inherent psychological harm—including anxiety, frustration, and distress—plus separation from family, without requiring specific evidence. It ruled that incriminating evidence or potential future sentences do not offset the rights breach.

The government accepted compensation but proposed €7,543, while prosecutors argued for €2,000. The bench dismissed both, drawing on prior case law, and ordered the state to pay in full.

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Original Sources

This article was aggregated from the following Catalan-language sources: