Andorra's PS Proposes Prison Reforms to Cut Pre-Trial Detention

Andorra's Partit Socialdemòcrata (PS) has submitted 22 amendments to the qualified bill revising penal and penitentiary laws—dubbed the "shock plan" for prisons—aiming to shorten pre-trial detention periods to match European Court of Human Rights standards and strengthen protections for those in custody.

Drawing on recommendations from the Andorran Bar Association (CAA), the proposals prioritise detainee rights, inclusive policies and social reintegration. PS group president Susanna Vela described pre-trial detention as a "disproportionate and abusive" measure when applied broadly, arguing that curbs would enhance procedural safeguards and prevent prolonged custody without a final sentence.

Key changes target detention limits. For minor offences, the maximum would fall to two months from six. Serious cases would permit only one two-month extension beyond the initial period, rather than three, with the post-case closure window halved to six months from 12.

The amendments also address medical care, aligning it with the Law on Rights and Duties of Users and Professionals in the Health System and the Oviedo Convention, in force in Andorra since 1 October 2023. Detainees would retain the right to refuse urgent treatments—even those posing imminent life risks—upholding informed consent under Article 13 of the health law, irrespective of incarceration status.

Provisions for juveniles would incorporate the UN Convention on the Rights of the Child, ratified by Andorra in 1995. Although no minors are currently held, the PS insists on permanent protections.

Echoing CAA input, the package refines Section 13a of the 1998 Qualified Law on Criminal Procedure, emphasising proportional bail, third-party protections, non-seizable assets and preventive seizures.

Reintegration efforts would gain from expanded incentives, such as sentence reductions for good behaviour, to aid prison management. The PS opposes eliminating arrest powers for offences like theft exceeding €600, drug-driving or refusing toxicology and alcohol tests, seeking balance between rights and public safety.