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 in cases of torture and makes it easier for victims to access justice in the UK.

Description

The Torture (Damages) (No. 2) Bill establishes a right to sue for damages in the UK for victims of torture, even if the torture happened outside the UK. Key aspects include:

• Liability: Anyone who commits torture, including states, is liable for damages. This applies to acts committed by public officials or those acting with official consent or acquiescence.
• Jurisdiction: The bill applies even if an adequate remedy exists in the country where the torture occurred.
• Damages: Recoverable damages include aggravated, exemplary, and income loss damages, even in cases of death.
• State Immunity: The bill amends existing laws to remove state immunity from prosecution in torture cases.
• Limitation: Claims can be brought within six years of it first becoming reasonably practicable to do so.
• Definition of Torture: The bill defines torture as the intentional infliction of severe pain or suffering by a public official or with official consent/acquiescence, regardless of whether physical or psychological.
• Applicable Law: English and Welsh law will apply to all proceedings.
• Retrospective Effect: The bill applies retrospectively to acts of torture occurring on or after 29 September 1988.

Government Spending

The bill's impact on government spending is not explicitly stated. The potential costs could include legal fees for the government if they are defendants in such cases and potential payouts to successful claimants. No figures are available in the provided text.

Groups Affected

• Victims of torture: They gain the right to sue for damages in UK courts, potentially receiving compensation for their suffering.
• States: States, including the UK, are potentially liable for damages if their agents commit torture or if they are found complicit in such acts.
• UK Courts: They will face an increased workload in processing such claims.
• Insurers: Insurers may face increased liabilities for individuals and states found liable for torture.

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