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 legal action becomes feasible. The bill applies retrospectively to acts committed since September 29th, 2010, and only applies if no adequate remedy exists in the country where the torture took place.

Description

The Torture (Damages) Bill establishes a right to sue for damages in UK civil courts for victims of torture, regardless of the location of the act.

Key Provisions:

• Liability: A person or state committing torture is liable for damages. This includes physical and psychological suffering, caused by acts or omissions, inflicted intentionally in an official capacity or with the consent of officials.
• Jurisdiction: The bill applies only if no adequate remedy exists in the state where the torture occurred.
• Damages: Includes aggravated, exemplary damages, and loss of income; extends to the estates of deceased victims.
• State Immunity: The bill removes state immunity from legal action in UK courts for torture cases.
• Limitation: Actions can be brought within six years of it becoming reasonably practicable to do so.
• Retrospective Effect: The law applies to torture incidents occurring on or after September 29th, 2010.
• 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 specify direct government spending figures. However, it is anticipated that there may be costs associated with processing the potential increase in legal cases.

Groups Affected

• Victims of torture: This bill provides a legal avenue for seeking redress and compensation.
• States: States could face legal action in UK courts for acts of torture committed by their officials, or those acting with their consent or acquiescence.
• UK Courts: Increased caseload related to torture claims is expected.
• Insurers: Potentially increased liability insurance costs for entities potentially liable under the provisions of the bill.

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