Practice Relating to Rule 99. Deprivation of Liberty
Spain’s Military Criminal Code (1985) states that the illegal detention of protected persons of a State with which Spain is at war is an offence against the laws and customs of war.
Spain’s Penal Code (1995) provides for the punishment of the “illegal detention of any protected person”.
Spain’s Penal Code (1995), as amended in 2003, states:
Any person who [commits any of the following acts] during armed conflict is punished with 10 to 15 years’ imprisonment, without prejudice to a penalty for the results of such acts:
4. … [U]nlawfully detaining or interning a protected person.
Spain’s Penal Code (1995) provides for the punishment of anyone who in the case of an armed conflict, fails to fulfil his or her obligation to inform protected persons clearly and without delay about their situation.