Practice Relating to Rule 99. Deprivation of Liberty
El Salvador’s Human Rights Charter of the Armed Forces states: “Any person has the right to liberty.” It further provides that “lengthy detention” is a violation of human rights.
El Salvador’s Penal Code (1997), as amended to 2008, which contains a section on the violations of the laws or customs of war, states in its general provisions: “No punishment or security measure that affects the rights and freedoms of a person can be imposed”.
The Penal Code further states:
Art. 148.- Anyone who deprives a person of his or her individual freedom will be sanctioned with three to six years of prison.
Art. 149-A.- Soliciting the commission of, and conspiring to commit, any of the acts described in the previous two articles [Art. 148 Deprivation of Liberty and Art. 149 Kidnapping] will be in the latter case sanctioned with one to three years of prison, and in the former with ten to twenty years of prison.
Aggravated Interference with Individual Freedom
Art. 150.- The corresponding sentence for the offences described in the previous articles will increase by a third of the maximum [amount] in the following cases:
7) If [the offence] is carried out [against] a person that is owed special protection by El Salvador according to the rules of international law.