Andorra PS Proposes 22 Amendments to Shorten Pre-Trial Detention

Andorra's Partit Socialdemòcrata (PS) has tabled 22 amendments to the qualified bill revising penal and penitentiary laws—known as the penitentiary "shock plan"—with a focus on shortening pre-trial detention to align with European Court of Human Rights jurisprudence and bolstering safeguards for those in custody.

The proposals, informed by the Andorran Bar Association (CAA), emphasise detainee rights, inclusive measures and social reintegration. PS group president Susanna Vela has called pre-trial detention a "disproportionate and abusive" tool when used routinely, stating that tighter limits would strengthen procedural protections and avoid extended custody without a final conviction.

Under the amendments, pre-trial detention for minor offences would cap at two months, down from six. For serious crimes, only one two-month extension would be allowed beyond the initial period—instead of three—with the post-case closure period reduced to six months from 12 following notification of the closure order.

Medical provisions would conform to the Law on Rights and Duties of Users and Professionals in the Health System, alongside the Oviedo Convention, effective in Andorra since 1 October 2023. Detainees would keep the right to refuse even urgent treatments posing imminent life threats, in line with informed consent under Article 13 of the health law, regardless of incarceration.

Juvenile measures would uphold the UN Convention on the Rights of the Child, ratified by Andorra in 1995. Though no minors are currently detained, the PS stresses ongoing safeguards.

Reflecting CAA recommendations, the package updates Section 13a of the 1998 Qualified Law on Criminal Procedure, prioritising proportional bail, third-party safeguards, non-seizable assets and preventive seizures.

To support reintegration—a core penitentiary goal—the PS seeks stronger incentives like sentence reductions for good behaviour to improve prison management and coexistence. It resists removing arrest options for crimes such as theft over €600, drug-driving or refusing toxicology and alcohol tests, aiming to balance rights with public safety.