Overview

This bill creates a legal right for victims of torture to sue for damages in UK courts, regardless of where the torture occurred. It removes state immunity for acts of torture and allows for retrospective claims dating back to 1988.

Description

The Torture (Damages) Bill establishes a civil action for damages against those who commit torture. This applies globally, but only if no adequate remedy exists in the country where the torture took place. The bill defines torture broadly to include physical and psychological pain or suffering inflicted intentionally by a public official or with their consent. It specifically removes any state immunity defense against such claims. The bill amends existing legislation to facilitate these actions, including changes to the State Immunity Act 1978 and the Civil Procedure Rules 1998, addressing jurisdiction and service of legal documents. Critically, the bill allows claims to be filed within six years from when legal action becomes reasonably practicable, and importantly includes retrospective effect from 29th September 1988. Damages include compensation for loss of income, aggravated damages, and exemplary damages.

Government Spending

The bill does not specify any direct government spending. However, potential costs could include legal expenses for defending claims and the potential payouts to successful claimants. No figures are provided in the bill itself.

Groups Affected

• Victims of torture: This bill allows them to seek compensation through the UK courts, potentially providing redress for past suffering.
• States: States may face legal action for acts of torture committed by their officials, even if outside UK jurisdiction.
• UK Courts: The bill increases the workload of UK courts with new types of civil cases.
• Insurers: Insurers may face increased liabilities.

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