A/HRC/54/61 Annex II Information on alleged cases included in follow-up to previous reports 1. Andorra 1. Since 2020, the case of Ms. Vanessa Mendoza Cortés, from the NGO Associació Stop Violències Andorra, has been included in the reports of the Secretary-General 1 on allegations of criminal investigation for her engagement with the Committee on the Elimination of Discrimination against Women (CEDAW) in October 2019 during its review of Andorra. The Government stated that Ms. Mendoza Cortés used her participation in the CEDAW review to accuse Government entities of practices that could constitute a criminal offence. The case of Ms. Mendoza Cortés was addressed by the CEDAW Committee and special procedures mandate holders (AND 1/2020),2 as well as during the Universal Periodic Review of Andorra in 2021.3 2. On 29 November 2022, the CEDAW Committee addressed a letter to the Government noting concerns over the ongoing criminal procedure against Ms. Mendoza Cortés, including the fact that on 20 October 2022 the investigative judge informed Ms. Mendoza Cortés of the indictment against her of a ‘crime against the reputation of the institutions’ (art. 325 of the Penal Code). The evidence referred to by the judge in the indictment included the shadow report presented by the NGO Associació Stop Violències to the Committee in 2019. The judge granted Ms. Mendoza Cortés conditional release with the obligation to appear before the judge when considered appropriate. On 25 November 2022, Ms. Mendoza Cortés’ lawyers filed a motion to dismiss the case. 3. On 28 February 2023, the Government replied to the CEDAW Committee noting that Ms. Mendoza is not subject to intimidation by the Andorran authorities and that the Government collaborates with the NGO Associació Stop Violències. The Government further noted that its reply to the Committee on 22 November 2019 included a copy of the original charges and explained that the General Prosecutor’s Office pursued charges against Ms. Mendoza Cortés on the basis of her accusing, in different fora and media, Government officials of committing serious criminal acts against girls and women without submitting any proof or evidence, and not for having denounced Andorra’s abortion policy. 4. On 24 March 2023, Ms. Mendoza Cortés made a statement4 during the General Debate under item 5 of the 52nd regular session of the Human Rights Council in which she referred to the allegations of reprisals against her and the NGO Associació Stop Violències for the engagement with the CEDAW Committee. According to information received by OHCHR, as of 30 April 2023, the legal case against Ms. Mendoza Cortés is still open and she is awaiting trial. 5. On 17 July 2023, the Government responded to the note verbale sent in connection to the present report recalling that the General Prosecutor’s Office had decided that there was sufficient evidence to pursue the case against Ms. Mendoza Cortés on grounds of infringement of article 325 of the Criminal Code (crimes against the prestige of the institutions), which does not carry a prison sentence. The Government explained further that it had waived its right to be a party to the proceedings and that the sentence was pending. With reference to its letter of 28 February 2023 to the Committee on the Elimination of 1 2 3 4 GE.23-15378 A/HRC/45/36, Annex I, paras. 5–7; A/HRC/48/28, Annex II paras. 1–4; A/HRC/51/47, Annex II paras. 1–3. See government reply at: https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36025. A/HRC/46/11, paras. 20 and 60. https://media.un.org/en/asset/k1m/k1mlvfhg2a. 43