Overview

This bill establishes the right for victims of torture to sue for damages in UK courts, regardless of where the torture occurred, provided no adequate remedy exists in the country where the torture took place. The bill also removes state immunity in such cases and allows for retrospective claims dating back to 1988.

Description

The Torture (Damages) Bill allows individuals to bring civil actions in England and Wales against those who have committed torture, including states and state entities. The bill defines torture broadly, covering physical and psychological pain or suffering intentionally inflicted. It specifies that:

• Liability: Individuals and states (including their officials) are liable for torture wherever committed.
• Jurisdiction: UK courts have jurisdiction even if the torture occurred abroad, unless an adequate remedy exists in the country where it happened.
• Damages: The bill includes aggravated, exemplary damages, and loss of income.
• Limitation: Actions can be brought within six years of it becoming reasonably practicable to do so.
• State Immunity: State immunity is waived for torture cases.
• Retrospective Effect: The bill applies retrospectively to acts of torture occurring on or after 29 September 1988.
• Applicable Law: English and Welsh law will apply to all proceedings under this Act.

Government Spending

The bill's financial implications are not explicitly stated in the provided text. The government's expenditure will likely increase due to potential legal costs defending such actions, and potentially through payments of damages awarded to successful claimants. The exact amount is unknown.

Groups Affected

• Victims of Torture: This bill provides them with a legal avenue to seek redress and compensation for suffering.
• Perpetrators of Torture: Individuals and states who have committed acts of torture are potentially liable for substantial damages.
• UK Courts: They will bear the burden of increased caseloads from these new civil actions.
• UK Government: The government may face increased costs in defending legal actions and paying damages.
• Foreign Governments: Foreign states may face legal challenges in UK courts if their officials are implicated in torture.

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