Andorra la VellaThe Batllia is investigating the Cierco brothers for alleged major crimes of illicit association and money or securities laundering and minor crimes against the prestige of the institutions. The government was a civil party and therefore had access to the documentation, but the court decided it could not proceed. The executive appealed against this decision because he considers that it is affected by the disrepute of the institutions.
The investigating Batlle indicated that the Government was not affected because the actions it allegedly took were against the Andorran prosecutor’s office, the Spanish anti-corruption prosecutor’s office and, more widely, against Andbank. Therefore, it did not affect the Government directly.
The prosecution does not agree because it affects the fact that “there are reports from the police service that reflect the alleged carrying out of certain activities “to attack and coerce the powers of the Spanish and Andorran State, its political and judicial institutions and economic-financial, which may lead to a claim for compensation by the State”, since Andorra as a country could claim compensation from Cierco if they had caused damage to the State with their actions or with the actions that potentially they had paid for others to do them.
At the same time, the possible money laundering and the impact on the Andorran financial market could also mean damage to Andorra’s reputation and the country’s prestige.
The Ciercos objected, indicating that the Government “has a discriminatory position to defend its interests, given that in other cases it did not act as a civil actor, despite the fact that in both cases it is about the prestige of the institutions”.
The Superior Court considers that the Government has the right to be a civil party because it is the only way to request possible compensation for the State in the event that the Ciercos were found guilty.