Torture (Damages) Bill [HL]

The purpose of the Bill is to make provision for action for damages for torture.

The Bill would make a person who commits torture liable to an action for damages in civil proceedings in England and Wales. A claim could be brought even where the torture occurred outside the UK, provided that no adequate and effective remedy exists in the state in which the torture took place. Liability would encompass not only an individual, but also any state whose servants or agents committed the torture.

A similar Bill was introduced by Lord Archer of Sandwell in the 2006–07 parliamentary session. The Bill did not progress beyond first reading.

Key areas

• Makes a person, state (any foreign or commonwealth state including the UK), the sovereign or other head of that state in his public capacity, the Government and any department of that state, and any other entity capable of suing and being sued, liable to an action for damages in civil proceedings for torture
• Enables an action to be brought at any time within six years
• Amends the State Immunity Act 1978 so that a state is not immune in respect of proceedings instituted against it
• Defines “torture” as the intentional infliction by a public official or a person acting in an official capacity of severe pain or suffering on another in the performance or purported performance of his duties
• Applies the law of England and Wales for all proceedings brought under the provisions.