Andorra

Andorra regularly reports to ODIHR on hate crimes. Andorra's criminal code includes a general penalty enhancement provision. Hate crime data are collected by the Ministry of Justice and the Interior Ministry's Police Department.

Hate crime data collection in Andorra
How hate crime data is collected in Andorra

How hate crime data is collected in Andorra

The National Police Corps' (Cos de Policia) Centre for Data Processing (CDP) is the department responsible for collecting and storing hate crime data. The CDP is the body to which hate crimes are reported and which manages this data for statistical and criminal analyses. 
The police corps, regardless of the victim's decision to press charges or not, will evaluate the elements of a case and inform the prosecutor if the CDP considers that there is enough evidence to open a hate crime case. The prosecutor will then examine the case in depth and qualify it according to the criminal code. The CDP will take into account the specific nature of the crime and the incriminating elements to be found in the criminal code. 
There is still no policy document providing guidance to police officers on hate crimes. There is also no official system for recording hate crimes. The Andorran Statistics Plan 2018-2021 includes the 'Citizen Security Survey' which aims to estimate criminal acts and phenomena, and to measure experiences of victimisation, feelings of insecurity, and public concerns about safety and the police. The survey is to be conducted before the end of 2021.

Access more information at the Legislation Online website Legislationline TANDIS Access more information at the Tolerance and Non-Discrimination Information System (TANDIS) website

OFFICIAL DATA

Year Hate crimes recorded by police Prosecuted Sentenced
2020 8 3 2
2019 1 1 1
2018 0 0 0
2017 0 0 0
2016 0 0 0
2015 0 0 0
2014 0 0 0
2013 0 0 0
2012 0 0 0
2011 0 0 0
2010 0 0 0
2009 0 0 0

About 2020 Data

    Figures reported by the Andorran police, including regarding sentenced cases, may include acts that fall outside of the OSCE's definition of hate crime. From the eight hate crimes recorded by the Andorran police, three perpetrators were prosecuted and two received a condemnatory sentence.

INCIDENTS REPORTED BY OTHER SOURCES

No information is available.

INTERNATIONAL REPORTS

No information is available.

KEY OBSERVATION

ODIHR notes the year-to-year increase in numbers of investigated, prosecuted, and adjudicated hate crimes. However, based on the available information, it observes that Andorra’s hate crime recording and statistics do not sufficiently distinguish hate crimes from other crimes. In addition, ODIHR observes that Andorra would benefit from reviewing its existing legal framework in order to ensure that bias motivation can be effectively acknowledged and appropriate penalties can be imposed on the perpetrators.

ODIHR recalls that in the Ministerial Council Decision 9/09, participating States have agreed to a definition of hate crime shared by all OSCE participating States. It has also committed to collecting reliable data and statistics on hate crimes. To that end, hate crimes need to be distinguished throughout the recording and data collection process from hate speech crimes as well as crimes of discrimination or illegal association. In the Ministerial Council Decision 9/09, participating States have also committed to enacting specific, tailored legislation to combat hate crimes, providing for effective penalties that take into account the gravity of such crimes. ODIHR stands ready to support Andorra in meeting its relevant commitments through the provision of comprehensive resources and tailored assistance in the area of hate crime recording and data collection as well as further resources and tailored legislative advice.

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