Overview

This bill allows victims of torture to sue their torturers for damages in UK courts, regardless of where the torture occurred. It removes state immunity from legal action for torture and sets a six-year limitation period from when it became reasonably practicable to sue. The bill also clarifies the definition of torture and specifies that English and Welsh law applies to such cases.

Description

Civil Actions for Torture

The bill establishes the right for victims of torture to pursue civil actions for damages in UK courts. This applies to torture committed anywhere in the world, but only if no adequate remedy is available in the country where the torture took place. Damages can include aggravated, exemplary damages, and loss of income. The definition of "person" includes states and their agencies.

State Immunity

The bill amends the State Immunity Act 1978, removing immunity for states in torture cases brought under this act.

Definition of Torture

The bill defines torture as the intentional infliction of severe pain or suffering by a public official or someone acting under official authority, regardless of nationality. This includes both physical and psychological pain or suffering, whether caused by an act or omission. However, sanctions lawful under international law are excluded.

Limitation Period

Actions can be brought within six years of the date when it became reasonably practicable for the claimant to bring an action. This overrides the general limitation periods in the Limitation Act 1980.

Retrospective Effect & Applicable Law

The bill applies retrospectively to acts of torture committed on or after 29th September 2010. English and Welsh law will be applied to all cases brought under this act.

Government Spending

The bill's financial impact is not specified in the provided text. However, there could be costs associated with processing the claims and potential payouts from the government to victims of state-sponsored torture.

Groups Affected

• Victims of torture: They gain the right to seek compensation in UK courts, potentially leading to financial redress.
• Perpetrators of torture: They become liable for civil damages.
• States: States, including the UK and other foreign governments, lose immunity from suit for torture committed by their agents, if the act was within sovereign capacity.
• UK Courts: They will see an increase in the number of civil cases related to torture.

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