Overview

This bill allows victims of torture to sue for damages in UK courts, regardless of where the torture occurred. It removes state immunity for torture claims and sets a six-year limitation period, starting when it's reasonably possible to sue. The bill applies retrospectively to acts of torture committed since 29 September 1988 and defines torture broadly to include physical and psychological suffering.

Description

Action for Damages

The bill creates a right to sue for damages in civil proceedings against individuals or states responsible for torture, irrespective of location. However, for torture outside the UK, an adequate and effective remedy must be unavailable in the state where the torture happened. Damages include aggravated, exemplary damages, and loss of income. This right is extended to the estates of deceased victims.

State Immunity

The bill amends the State Immunity Act 1978, removing immunity from prosecution for states accused of torture. It also amends the Civil Procedure Rules 1998 to allow such cases to proceed.

Definition of Torture

The bill defines "torture" as intentionally inflicting severe pain or suffering, physical or psychological, by act or omission, in the performance of official duties (by state officials or those acting with their consent or acquiescence). However, it does not include actions considered lawful under international law.

Limitations and Retroactivity

The bill sets a six-year limitation period, starting when it's practically possible to sue. Critically, it applies retrospectively to torture incidents occurring since 29 September 1988.

Applicable Law

English and Welsh law will govern all proceedings under this Act, regardless of where the torture occurred.

Government Spending

The bill does not directly specify additional government spending but may result in increased costs for the legal system to manage the expected increased litigation. The cost will likely vary based on the number of successful claims and the amounts awarded in damages. No figures are available from the provided text.

Groups Affected

• Victims of Torture: They gain the right to sue for damages, potentially receiving financial compensation for their suffering.
• States: States accused of torture lose their immunity from legal action in UK courts. This could lead to significant financial liability.
• Individuals: Individuals who commit or are complicit in torture face potential civil liability.
• UK Courts and Legal System: Will experience an increased workload processing such cases.

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