ECHR Probes Andorra Over BPA Asset Freezes

The European Court of Human Rights (ECHR) in Strasbourg has received two complaints linked to the BPA case and has requested information from Andorra regarding the prolonged asset seizures affecting a bank client and a BPA representative.

In both instances, the complainants' assets remained frozen despite evidence proving the funds' legality or the dismissal of related criminal proceedings. One case involves ongoing restrictions, while the other saw extended blockages. The Andorran Constitutional Court previously sided partially with the complainants in amparo appeals, acknowledging some issues but not fully addressing claims of undue delays.

The ECHR's move marks the initial review stage, where it decides whether to proceed by seeking the state's response. Amid a heavy caseload, the court prioritizes novel matters or clear fundamental rights violations. Here, the prolonged denial of access to lawful property is deemed significant enough to warrant scrutiny.

The court has posed specific questions to Andorra and the applicants. These include whether the proceedings' duration met the "reasonable time" requirement under the European Convention on Human Rights. It also examines potential breaches of the right to peaceful enjoyment of possessions under Article 1 of Protocol No. 1, stemming from the criminal probe's asset freezes.

Further inquiries cover whether any interference was lawful, necessary in the general interest, and proportionate—or if it imposed an excessive burden. The court asks if the applicants received compensation for violations recognized by Andorra's Constitutional Court and requests key procedural documents, such as preliminary investigation decisions, challenges to the freezes, formal implication notices, and updates since filing.

No criminal convictions have arisen from the BPA case against either complainant. The cases share near-identical circumstances and the court's requests to Andorra.