Practice Relating to Rule 96. Hostage-Taking
Under El Salvador’s Penal Code (1997), “the killing of hostages” during an international or a civil war is a crime.
El Salvador’s Penal Code (1997), as amended in 2008, states:
Art. 149.- Anyone who deprives a person of his or her individual freedom in order to obtain their rescue, the accomplishment of a specific condition, or so that the public authority carries out or refrains from carrying out a specific act, will be punished with thirty to forty years in prison. … [I]n no case can conditional release or early conditional release be granted.
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.