Overview

This bill aims to allow victims of torture to sue for damages in UK courts, regardless of where the torture occurred. It removes state immunity for torture claims and allows for retrospective action covering acts of torture committed since September 29th, 1988. The bill clarifies the definition of torture and sets out the applicable law and limitation periods.

Description

This bill establishes a right to sue for damages for torture committed anywhere in the world. Key aspects include:

• Liability for Torture: It establishes civil liability for individuals and states that commit torture, covering both physical and psychological pain or suffering, whether caused by an act or omission.
• State Immunity: The bill removes state immunity from civil actions related to torture, amending the State Immunity Act 1978.
• Jurisdiction: While applicable worldwide, the bill only applies to cases where there's no adequate remedy available in the state where the torture occurred.
• Retrospective Effect: The bill allows claims for torture incidents dating back to September 29th, 1988.
• Damages: Recoverable damages include general, aggravated, exemplary damages and loss of income. The bill clarifies the recoverability of damages even in cases where the victim has died.
• Limitation Period: The six year limitation period starts from when bringing an action first becomes reasonably practicable.
• Applicable Law: English and Welsh law will apply to all cases, regardless of where the torture took place.
• Definition of Torture: The definition is aligned with international law, excluding sanctions lawful under international law.

Government Spending

The bill is unlikely to directly increase government spending. However, the potential for increased payouts in successful lawsuits against states and individuals could indirectly impact government finances (for instance, if the UK government is named as a defendant). No specific financial figures are provided in the bill itself.

Groups Affected

• Victims of Torture: This bill provides a potential avenue for compensation and redress.
• States: States, including the UK, could face lawsuits and potential financial liabilities.
• Individuals: Individuals who committed or are complicit in acts of torture could face civil lawsuits.
• UK Courts: The bill increases the potential workload for UK courts dealing with these types of cases.

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