A/HRC/48/28
Annex II
Information on alleged cases included in follow-up to
previous reports
1.
Andorra
1.
The case of Ms. Vanessa Mendoza Cortés, from the NGO Associació Stop
Violències Andorra, was included in the 2020 report of the Secretary-General84 on allegations
of a criminal investigation following her engagement with the Committee on the Elimination
of Discrimination against Women (CEDAW) in October 2019. It was reported to OHCHR
that, as a consequence of the situation described below, the NGO has experienced a decrease
in the number of women and girls approaching it for information and services for fear of
exposure and retaliation.
2.
On 7 January 2021, special procedures mandate holders addressed allegations of
judicial harassment against Ms. Mendoza Cortés on the basis of her statement during the
CEDAW session and the content of the NGO’s alternative report to the Committee in 2019
(AND 1/2020). On 16 September 2020, Ms. Mendoza Cortés was notified of an investigation
against her on counts of defamation (Article 172 of the Criminal Code), defamation against
the co-Princes (Article 320), and crimes against institutions (Article 325), punishable by up
to four years’ imprisonment and a fine of up to 30,000 Euros (AND 1/2020). On 26 February
2021, the Government responded, noting that Ms. Mendoza Cortés had used her participation
in the CEDAW session to accuse different Government entities of extremely serious practices
and that her conduct could constitute criminal offences. Consequently, the Government had
informed the Public Prosecutor’s Office to ascertain the accuracy of her allegations. On 17
February 2021, Ms. Mendoza Cortés was summoned to appear before a judge to provide her
testimony of the facts.85
3.
In November 2020, during a meeting of the Working Group of the UPR of Andorra,
the case of Ms. Mendoza Cortés was noted (A/HRC/46/11, para. 60), and a recommendation
made “to stop the judicial harassment, reprisals and intimidation against human rights
defenders in relation to the exercise of human rights and fundamental freedoms and
engagement with the United Nations” (A/HRC/46/11, para. 84.51). While noting the
recommendation, the Government of Andorra stated that the Government and the justice
system did not engage in any judicial harassment, and that the judiciary was an independent
entity that followed the procedures established by law (A/HRC/46/11/Add.1, 84.51). During
the UPR adoption on 16 March 2021, Ms. Mendoza Cortés reported that she was facing
judicial harassment, including for her collaboration with the Committee, and that the
alternative report to the Committee was part of the evidence used against her. In its closing
remarks, the Government noted that Ms. Mendoza Cortés’ case was with the judiciary.
4.
On 15 July 2021, the Government responded to the note verbale sent in connection to
the present report. The Governments underlined that, although it is true that Ms. Mendoza
Cortés was summoned by the Andorran Police on 8 November 2019, she was summoned in
connection with the organization on 28 September 2019 of a peaceful demonstration in
favour of abortion. The Government noted that organizers did not respect the specific
instructions given by the police thus endangering the participants. The Government further
informed that, on 6 May 2021, the General Prosecutor’s Office concluded that the
preliminary proceedings initiated by the police should be closed since it considered that no
specific crime could adapt to the infringements committed during the demonstration. This
decision was officially notified to Ms. Mendoza Cortés on 7 May 2021. Regarding the
preliminary proceedings initiated on 16 September 2020 by the General Prosecutor’s Office
against Ms. Mendoza Cortés, the Government noted that on 17 February 2021, Ms. Mendoza
Cortés appeared before the judge. It informed that on 1 June 2021, the General Prosecutor’s
Office, upon the facts and evidence gathered during the instruction of the case, decided to
84
85
48
A/HRC/45/36, para. 44, Annex I paras. 5-7.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36025.