Overview

This bill allows victims of torture to sue for damages in UK courts, regardless of where the torture occurred. It removes state immunity from legal action for torture and clarifies the definition of torture, including physical and psychological suffering. The bill also sets a six-year limitation period, starting when it becomes reasonably practicable to bring an action, and applies retrospectively from 29th September 1988.

Description

The Torture (Damages) Bill establishes a right of action for victims of torture to sue for damages in English and Welsh courts. Key aspects include:

• Liability: Anyone committing torture, including states, is liable for damages. The definition of torture encompasses intentional infliction of severe pain or suffering, physical or psychological, by act or omission, by a public official or someone acting with their consent or acquiescence.
• Jurisdiction: The bill applies even if the torture happened outside the UK, provided no adequate remedy exists in the country where it occurred.
• Damages: Recoverable damages include aggravated, exemplary damages, and loss of income. This applies even in cases where the victim has died.
• State Immunity: The bill amends the State Immunity Act 1978, removing immunity for states in cases of torture.
• Limitation: Actions can be brought within six years of when it became reasonably practicable to sue.
• Retrospective Effect: The law applies to acts of torture committed on or after 29th September 1988.
• Applicable Law: English and Welsh law applies to all proceedings under this act, regardless of where the torture occurred.

Government Spending

The bill is unlikely to directly increase government spending significantly. However, the potential for substantial payouts in damages claims could indirectly affect public funds, particularly if successful claims are made against the UK government or its agencies. No specific figures are provided in the bill text.

Groups Affected

• Victims of torture: They gain the right to seek compensation for their suffering.
• States (including the UK): They lose immunity from legal action for torture and could face significant financial liabilities.
• Individuals involved in torture: They face potential civil lawsuits and liability for damages.
• UK Courts: They will handle these new types of civil cases.

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