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.
|Year||Hate crimes recorded by police||Prosecuted||Sentenced|
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.
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.