Andorra
There have been no terrorist incidents in Andorra, which has a robust legal framework for terrorist offences, which are laid down in the Criminal Code. There is no carve-out for the exercise of fundamental human rights. A specific law on the financing of terrorism was adopted in 2017.
The Definition of Terrorism in Domestic Law
Terrorism is defined in Andorra's 2005 Criminal Code (as amended) as follows:
Individual or collective plans with the aim of subverting the constitutional order or a serious attack on public law and order through intimidation and terror, the following offences constitute the act of terrorism:
- Voluntary attacks against life or bodily integrity
- Illegal detention, sequestration, threats, or coercion
- Theft, extortion, damage, fire, as well as computer-related offences defined in the Code
- The storage of arms or ammunition, or the possession or storage of substances or explosive, flammable, incendiary, or asphyxiating devices, or their components, as well as the manufacture, trafficking, transport, or supply of any kind. Art. 362(1), Criminal Code of Andorra.
Adherence to Global and Regional Terrorism Treaties
Andorra is a State Party to most of the major United Nations treaties on terrorism. It is a signatory, but not a State Party to the 2005 Nuclear Terrorism Convention.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | Signatory |
Andorra is also a State Party to the four regional treaties, having ratified the two Protocols in late 2022. The 2003 Protocol is not yet in force.
| Treaty | Adherence |
|---|---|
| 1977 European Convention on the Suppression of Terrorism | State Party |
| 2003 Protocol amending the European Convention on the Suppression of Terrorism | State Party |
| 2005 Convention on the Prevention of Terrorism | State Party |
| 2015 Additional Protocol to the Convention on the Prevention of Terrorism | State Party |
Laws and Penalties for Terrorist Offences
Andorra's criminal code sets out a series of predicate terrorist offences in its chapter IV. The ordinary penalties for these criminal offences are increased when they are terrorist in nature: up to 30 years' imprisonment when the offence is ordinarily punishable with up to 20 years in prison; between 15 and 20 years' imprisonment when it is ordinarily up to 15 years; between 10 and 15 years' imprisonment when it is ordinarily up to 10 years; between 5 and 8 years' imprisonment when it is ordinarily up to 5 years; and between 3 and 5 years' imprisonment when the punishment is ordinarily up to 3 years in prison. Art. 363(1), 2005 Criminal Code (as amended).
Dissemination of ideology supporting or justifying terrorism or terrorist organisations is punishable with imprisonment for between three months and three years. Art. 364(2), 2005 Criminal Code (as amended).
Active membership of a terrorist organisation is punishable with imprisonment of between three and eight years, without prejudice to responsibility for specific terrorist offences. Art. 365, 2005 Criminal Code (as amended). Collaborating with a terrorist group in another manner without being complicit in terrorist acts is punishable with imprisonment for two to five years. Art. 366(1), 2005 Criminal Code (as amended).
Renouncing terrorism and confessing to one's unlawful actions is a mitigating factor in sentencing. Art. 364(2), 2005 Criminal Code (as amended).
Counterterrorism cCapacities and Policies at Domestic Level
The Special Intervention Unit (UEI) is Andorra's main counterterrorism unit. Although it is the closest in style to an active military force, it is part of the Police Corps and not the army.
The Permanent Committee for the Prevention and Fight against Money Laundering and Terrorist Financing is a Government technical and advisory body in charge of national coordination of detection, prevention, and suppression of terrorist financing.
Glossary
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