Vanessa Mendoza Cortés

Cases
Case status
Resolved
Location of case in SG report
2020-005-001
Relevant SG report
Year of the report
2020
Country Geolocation

Latitude: 42.506285

Longitude: 1.521801

Country Geolocation (linked Cases)
Andorra
From Region
UN body that raised the case prior to the SG report
  • UN Treaty Bodies: CEDAW
Dates of prior UN action
20 November 2019; 29 November 2019
Type of record
Named individual
Gender
Female
Was the victim a foreign national?
No
Was the victim a minor?
No
Individual's/organization's activity

representative of Associació Stop Violències Andorra, a women’s rights organization which works on sexual and reproductive health and rights and access to abortion service

Type of rights defended
  • Women’s rights
Was the victim a civil servant or member of the security forces or of the judiciary?
No
Reported trigger of reprisal

Associació Stop Violències Andorra submitted an alternative report to CEDAW, available on the Committee’s website, 6 and Ms. Mendoza Cortés made a statement in Geneva that was publicly broadcast. On 8 November 2019, CEDAW made public its concluding observations on Andorra

Engagement with UN body
  • UN Treaty Bodies: CEDAW
Dates of engagement
before 8 November 2019
Type of attempted engagement
  • Participation in meeting on UN premises
  • Submission of information to UN
Dates of mentioned reprisals
8 November 2019; 17 November 2019
Reprisal information

On 8 November 2019, when CEDAW made public its concluding observations on Andorra, Ms. Mendoza Cortés was summoned by the Andorran police. On 17 November 2019, in a press conference, the Spokesperson of the Government reported that it had asked the Public Prosecutor’s Office to investigate Ms. Mendoza Cortés’ statement before the Committee for possible indications of a criminal offence against the reputation of the Andorran administration.

Alleged/likely perpetrators
State actors
Was the reprisal based on new legislation?
No
Does the report make general comment about country’s environment for engagement with UN?
No
Government response dates
9 July 2020
Government response content

On 9 July 2020, the Government responded to the note verbale sent in connection with the present report indicating that, due to the COVID-19 pandemic all judicial process were interrupted, and that the Public Prosecutor’s Office is still carefully analyzing the different statements made by Ms. Mendoza Cortés, as representative of Associació Stop Violències Andorra, in different fora and media, and considering possible infringements of the Andorra Criminal Code. No decision has yet been reported to the Andorran Government.

Was the case raised by a State at the UN?
Yes
Which State raised the case at the UN and when?

In November 2020, Netherlands raised the case at the 46th session of the Universal Periodic Review (UPR): '60. The Netherlands welcomed the draft law on the individual and the family and the National Equality Plan. It was concerned about incidents of gender-based and sexual violence, and about reprisals against and intimidation of human rights defenders. The case of Vanessa Mendoza Cortés, who faced a prison sentence for a report presented to the Committee on the Elimination of Discrimination against Women, was particularly worrisome.'

Is the country cited for a "pattern of reprisal" in the context of this case?
No
Is a pattern of reprisals mentioned otherwise in the context of this case?
No
Does the report cite "self-censorship" as an issue in the context of this case?
No
How many times has the case been followed up in subsequent SG reports?
4
In which SG report was this case followed up on? 0
2021
Follow up information provided in SG report 0
  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 only pursue the case on grounds of infringement of article 325 of the Criminal Code (crimes against the prestige of the institutions), which is a minor crime and does not imply imprisonment. At the time of writing, the case is pending for a judgment.
Followup Trends 0
Significant positive and negative developments
Date of follow up 0
November 2020, 7 January 2021
Did the government respond? 0
Yes
Was this case followed up by a UN body? 0
  • UN Special Procedures: UN Special Procedures - General
  • UN Human Rights Council: Universal Periodic Review (UPR)
In which SG report was this case followed up on? 1
2022
Follow up information provided in SG report 1
  1. The case of Ms. Vanessa Mendoza Cortés, from the NGO Associació Stop Violències Andorra that works on sexual and reproductive rights of women and girls, was included in the 2020 and 2021 reports of the Secretary-General on allegations of a criminal investigation for her engagement with the Committee on the Elimination of Discrimination against Women (CEDAW) in October 2019. The Committee and mandate holders addressed the case (AND 1/2020). The Government stated that Ms. Mendoza Cortés had used her participation in the CEDAW session to accuse Government entities of extremely serious practices, which could constitute criminal offences. The case of Ms. Cortés was also addressed during the Universal Periodic Review of Andorra in 2021 to which the Government replied that there was no judicial harassment, and that the judiciary was independent and followed the procedures established by law.
  2. It was reported to OHCHR that, as of 30 April 2022, the legal case against Ms. Mendoza Cortés on grounds of infringement of article 325 of the Criminal Code of Andorra (crimes against the prestige of the institutions) is still open and pending. On 15 March 2022, Ms. Mendoza Cortés reportedly requested the formal closure of the file. As of 30 April 2022, the request had reportedly not been heard.
  3. On 1 July 2022, the Government responded to the note verbale sent in connection to the present report recalling that the General Prosecutor’s Office had decided there was sufficient evidence to pursue the case on grounds of infringement of article 325 of the Criminal Code (crimes against the prestige of the institutions) and that the sentence was still pending.
Followup Trends 1
Stayed same
Did the government respond? 1
Yes
Was this case followed up by a UN body? 1
  • UN Human Rights Council: Universal Periodic Review (UPR)
In which SG report was this case followed up on? 2
2023
Follow up information provided in SG report 2
  1. 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.
  2. 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.
  3. 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 Discrimination against Women, the Government stated that neither Ms. Vanessa Mendoza nor the Stop Violences Association are the subject of any intimidation or reprisals.
Followup Trends 2
Stayed same
Did the government respond? 2
Yes
In which SG report was this case followed up on? 3
2024
Follow up information provided in SG report 3
  1. The case of Ms. Vanessa Mendoza Cortés, from the NGO Associació Stop Violències Andorra, has been included since 2020 in the reports of the Secretary-General3 on allegations of a criminal investigation linked to her engagement with the Committee on the Elimination of Discrimination against Women (CEDAW) in October 2019 during its review of Andorra. The case of Ms. Mendoza Cortés has been addressed by various United Nations human rights mechanisms, 4 to which the Government has responded.5
  2. According to information received by OHCHR, the trial of Ms. Mendoza took place on 4 December 2023 where she faced charges of “crime against the reputation of theinstitutions” (art. 325 of the Andorran Penal Code) for her intervention at the review of Andorra by the CEDAW Committee. The General Prosecutor had requested a fine of EUR 6,000, an additional EUR 6,000 to compensate the Government, and a six month ban from exercising any public function.
  3. On 9 February 2024, the Permanent Mission of Andorra to the United Nations in Geneva informed OHCHR that on 17 January, the Tribunal de Corts, First Instance Court on criminal issues, acquitted Ms. Mendoza of all charges. Since the General Prosecutor’s Office decided not to appeal the judgement, the decision became final on 8 February. The CEDAW Committee and the Special Rapporteur on the situation of human rights defenders welcomed Ms. Mendoza’s acquittal after nearly four years of criminal proceedings against her.6
Followup Trends 3
Improvement
Date of follow up 3
2024
Did the government respond? 3
Yes
Was this case followed up by a UN body? 3
  • UN Treaty Bodies: CEDAW
  • UN Special Procedures: Thematic