Andorra court convicts police of unlawful detention over pyjama arrest

The Corts Tribunal has convicted two police officers of unlawful detention in a 2020 case where they took a woman to the station in her pyjamas during a vehicle impoundment, and their defence has confirmed an appeal to the Superior Court.

The ruling, issued earlier this week, carries 19-and-a-half-month suspended prison sentences for each officer, plus a one-year ban on public rights. They must also compensate the woman with €1,500 for moral harm. The court acquitted them on a charge of degrading treatment.

The episode occurred during a bailiff-led impoundment in a private public-access car park on Carrer Callaueta in Andorra la Vella. Following a dispute with the property owner, officers detained her without letting her change, pointing to alleged insults and resistance. Judges described two separate stages: an initial intervention tied to the impoundment that concluded as officers left, and a later detention prompted by her calling them "rude", which they deemed inadequate justification for custody.

At the June trial, police leaders testified that the officers followed protocols at the time for minor offences, which mandated transport to headquarters. Prosecutors dropped their accusations, citing systemic practices over personal fault. Defence counsel pushed for dismissal, attributing responsibility to official guidelines, while the woman's private prosecution stressed constitutional protections above internal procedures. Protocols have since changed, now classifying such offences as infractions resolvable on-site or by summons.

The defence challenges the court's division into phases, viewing it as one continuous half-hour sequence amid escalating tension. Lawyer Fernando Galindo stated officers sought to calm the situation amid resistance. The appeal will cite "error of prohibition", maintaining actions aligned with longstanding training and nearly two decades of unchallenged practice. Galindo noted prosecutors' withdrawal as proof of protocol flaws, not officer wrongdoing, and asserted the woman went voluntarily.

The police officers' union, Col·lectiu de Funcionaris de la Polícia (CFPA), voiced deep concern over the verdict in a statement released today. It calls for permanent dialogue channels between police leadership, the Batllia, prosecutors and courts, including regular meetings to review procedures open to legal interpretation, spot discrepancies and swiftly update officers.

The union emphasises that officers testified they simply applied initial training received as recruits—a point echoed by police commanders. "We should not wait for two officers to face court before highlighting discrepancies in long-held practices," the CFPA said. It urges proactive detection and clear communication of needed changes to shield professionals from fallout.

While expressing full respect for judicial independence, the group sees the case—regardless of appeals—as a chance to scrutinise protocols and bolster safeguards against repeats. Its worries extend beyond the two officers to broader questions on criteria, procedures and assurances guiding police work for years.

The decision holds the officers civilly accountable but spares harsher sanctions. It may jeopardise their positions despite the acquittal on degrading treatment. Both parties can still appeal.