Should survivors of torture overseas be able to sue for damages in the UK courts? asks Richard Scorer
The draft Torture (Damages) Bill seeks to create an exception to the State Immunity Act 1978 (SIA 1978) to enable victims of torture to bring civil claims in the UK courts against foreign states who perpetrate torture, and their officials. The Bill successfully passed its first reading in the House of Commons on 18 November 2008 and its supporters hope that with sufficient parliamentary time, the Bill will now be enacted into law. Why this legal change, and why now?
Underlying the Bill is the recognition that, currently, international legal prohibitions against torture are more honoured in the breach than the observance. Most governments in the world agree, in their official pronouncements, that torture is wrong, and have undertaken never to use it. These undertakings are formalised in the United Nations convention against torture, which came into force in 1987. The convention bans the use of torture in all circumstances including threats to national security. 144
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