Reservations Reservations

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch 4, Pt 33A added by European Convention on Extradition 2003 art 2(1), (4)
Sch 4, Pt 3A added by European Convention on Extradition 2003 art 2(b)(i), Sch 1
Sch 4, Pt 9 rev in pt by European Convention on Extradition 2003 art 2(b)(ii)
Sch 4, Pt 32A added by European Convention on Extradition 2003 art 2(b)(iii), Sch 2
Sch 4, Pt 2A added by European Convention on Extradition (Armenia and Georgia) 2002 art 2(b)(i), Sch 1
Sch 4, Pt 12A added by European Convention on Extradition (Armenia and Georgia) 2002 art 2(b)(ii), Sch 2

The Constitution of the Principality of Andorra prohibits special courts in its Article 85, paragraph 2. Extradition shall therefore not be granted in cases if the person sought would be tried in the requesting State by a special court or if extradition is requested for the enforcement of a sentence or detention order imposed by such a court.

In the same way, and pursuant to Article 14, paragraphs 12, 13, 14 and 15 of the Law “qualificada” of the Principality of Andorra [Law which, to be passed, requires a higher majority than other laws], extradition shall not be granted:

(a)

when the sentence is based on a manifest error;

(b)

when extradition is likely to have consequences of an exceptional gravity for the person sought particularly by reason of his or her age or state of health;

(c)

when the person sought would be tried in the requesting State by a tribunal which does not assure the fundamental procedural guarantees and the protection of the rights of the defence or by a tribunal created for that person’s particular case, as the only person concerned or not.